Family Court Reports

Andy Hill, Head of Legal Publishing

September 13, 2019

The latest update to Family Court Reports is now live for subscribers. This update includes:

AB v XY (appeal: procedural irregularity: undue acceleration), [2019] 3 FCR 1

Appeal – Delay – Obtaining transcripts – Obtaining note taken by counsel in order to make decision about appeal.

Injunctions – Occupation and non-molestation orders – Orders made at hearing listed to decide preliminary point – Lack of evidence, cross-examination or submissions in relation to allegations – Failure to make Lucas direction.

Marriage – Existence of marriage – Dealt with as preliminary issue in Family Law Act 1996 proceedings – Issue of status – Normal approach where genuine issue identified – Whether preparation time adequate – Whether length of hearing adequate – Whether appropriate to approach status enquiry as opportunity to make credibility findings.

Practice and procedure – Procedural irregularities – Final decisions made at hearing to decide preliminary point – Failure to hear evidence – Failure to make Lucas direction – Whether procedural flaws tainted findings as well as orders made.

Akhmedova v Akhmedov and Ors (injunctive relief), [2019] 3 FCR 19

Enforcement – Financial relief – Freezing injunction – De facto directors – Naming in penal notices – Service – Alternative enforcement routes.

Financial relief – Enforcement – Freezing injunction – De facto directors – Naming in penal notices – Service – Alternative enforcement routes.

Grandison v Joseph, [2019] 3 FCR 38

Enforcement – Property transfer order – Best endeavours to transfer mortgages – Meaning of ‘best endeavours’ – Breach of order incorporating deed – Whether transfer of beneficial ownership sufficient to comply with order and deed – Meaning of ‘completion’ – Whether loss de minimis – Whether order for sale in default of transfer of property and mortgages was major variation of original order.

Financial remedies – Enforcement – Property transfer order – Best endeavours to transfer mortgages – Meaning of ‘best endeavours’ – Breach of order incorporating deed – Whether transfer of beneficial ownership sufficient to comply with order and deed – Meaning of ‘completion’ – Whether loss de minimis – Whether order for sale in default of transfer of property and mortgages was major variation of original order.

Re NY (a child: 1980 Hague Abduction Convention: inherent jurisdiction), [2019] 3 FCR 49

Abduction – Retention – Unilateral decision repudiating rights of custody required for wrongful retention – Whether 1980 Hague Convention engaged – Inherent jurisdiction as alternative process – Whether wider welfare considerations taken into account – Relevance of protective measures under inherent jurisdiction.

Thum v Thum, [2019] 3 FCR 69

Evidence – Disclosure – Imerman documents – Failure to disclose – Unopposed order requiring disclosure – Whether should be revoked or amended because of husband’s subsequent assertions of commercial confidentiality and pre-existing assertions that documents obtained illegally – Whether any real risk of breaches of German law – Husband’s expert given only partial instructions – Disclosure by way of copy of information held by wife’s German lawyers.

TY v HY (return order), [2019] 3 FCR 82

Abduction – Consent – Whether conditional on move being ‘successful’ – Habitual residence – Degree of settlement during unsettled period – Risk – How court should approach allegations of risk to child if returned – Taking evidence into account when assessing ‘risk at its highest’ – Evidence of mother’s willingness to deceive courts – Exercising discretion to return child despite consent exception being made out.