W v S [No 3] [2026] WASCA 136
The Western Australian Court of Appeal has set aside final property settlement orders made by consent in de facto relationship proceedings after finding that a case guardian had failed to comply with the requirements of
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WA Case summaries
Stay sharp with the latest family law case insights. This space brings together real-world examples, commentary and practical takeaways from recent decisions in the Federal Circuit and Family Court of Australia.
From enforcement missteps to representation pitfalls, these case updates are a quick way to reflect, review, and refine your practice — so you can avoid the mistakes others make.
Mils & Mils [2025] FCWA 125
The Family Court of Western Australia dismissed a mother’s application to have parenting proceedings determined in a non-Convention country, finding the children remained habitually resident in Australia and that jurisdiction under the Family Law Act
Dunn v WA Reproductive Technology Council [2026] WASCA 65
By majority, the Court of Appeal of Western Australia held that provisions of the Surrogacy Act 2008 (WA) excluding same-sex couples from eligibility for a parentage order were inconsistent with the Sex Discrimination Act 1984
Bailey & Petersen [2026] FCWA 50
Parenting proceedings listed for a 7-day trial before Justice O’Brien in the Family Court of Western Australia. Between them, the parties sought to call evidence from 25 witnesses.
Burton & Mafi [2025] FCWA 289
Practitioners and parties must carefully adhere to court-imposed filing deadlines and directions.
The appeal pathway from the FWCA is complex, and depends on the decision maker, the legislation, and whether the order is interlocutory
Fishwick & Austen-Leigh [2025] FCWA 173
A conviction for breach of an interim family violence restraining order will constitute “an offence involving violence, or a threat of violence, to the other party” for the purpose of the mandatory cross examination ban