Category: Case Summaries

Frost & Frost (No 2) — Where a father poses an unacceptable risk of harm to a child, the Court will order no time even where supervised time is sought, and family violence will be taken into account as a factor in both contributions and the s79(5) adjustment. The parties’ failed attempt to discharge the single expert ultimately worked against them — having been unable to agree on a replacement valuation, the Court had no choice but to order the sale of the property.

The first was a Division 1 First Instance decision of His Honour, Schonell J, on
22 December 2025 where the applicant wife/mother filed an Application in a Proceeding seeking to discharge the jointly appointed single expert real estate valuer and instead appoint a different valuer of her choosing. The property had already been valued in May 2024 and that valuation required an update prior to the scheduled February 2026 final hearing.

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.

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 or final. Most parenting orders will be interlocutory in nature, even if they appear to be final orders.

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 in section 219AK(1)(c)(i) of the Family Court Act 1997 (WA) (which reflects section 102NA(1)(c)(i) of the Family Law Act 1975).

Whilst in parenting matters the decision as to whether or not to appeal can bring with it lots of emotion, on financial matters or costs some commercial commonsense is necessary. On 18 December 2025, in Beroni & Corelli [2025] FedCFamC1A 236, their Honours, Alstergren CJ, Hartnett & Curran JJ determined an Appeal (de facto husband) and Cross-Appeal (de facto wife), solely on the issue of costs orders made in Division 1 proceedings relating to the setting aside of a Binding Financial Agreement (“BFA”).

The fear of costs does, and should, also loom large for legal representatives. Failure to provide advice or the provision of incorrect advice can have serious financial ramifications for the legal representatives. One such situation arose on 12 December 2025 in the judgment of Fing & Ma (No 2) [2025] FedCFamC1A 230. This was a full court decision of their honours, Aldridge, Campton & Christie JJ, in respect of an appeal.

Progressing a matter in a timely fashion is always important, not least of which that not doing so could increase a party’s costs. Kelly & Huber [2025] FedCFamC1A 237 His Honour, Aldridge J, determined an Application in an Appeal seeking reinstatement of an Appeal that had been abandoned by the failure to file a transcript on time.

Getting the Orders sought right, particularly if you want them to be enforced, is always important but even more so when it comes to superannuation. If a party seeks a split of superannuation then he/she must put the superannuation Trustee on notice, at least 28 days prior to any trial or the making of Orders. As His Honour, Schonell J, opined on 14 November 2025, in Hidaka & Hidaka (No 6) [2025] FedCFamC1F 822, not doing so could mean that you end up with entirely unenforceable Orders.