Don Tustin

    • Watson & Burton 2015 FamCA 549

      by - Oct 24, 2015
      The mother of children aged 10 and 7 years was in her third long term relationship.  The first relationship commenced when she was aged 18 years and produced 3 children.  The second relationship commenced when the mother was...
    • Bowen & Williams 2015 FamCA 545

      by - Oct 23, 2015
      A mother wanted to relocate and submitted that she experienced a psychological condition that would be alleviated if she were permitted to relocate.  The mother submitted that her level of distress was such that she had on occasions contemplated,...
    • Darrow & Darrow 2015 FamCA 597

      by - Oct 23, 2015
      The father applied to admit affidavits from four witnesses about the father’s parenting capacity. The judge ruled that the evidence offered by each person could be given by the father himself and did not require expert opinion.  The...
    • Jeffreys & Bosnic (No 2) 2015 FamCA 594

      by - Oct 23, 2015
      One party wanted to submit statements from witnesses whose evidence was not an affidavit and was not in the form of a statement.  The judge considered that a statement by one doctor was intended to contract evidence from...
    • Triggs & Triggs 2015 FamCA 538

      by - Oct 23, 2015
      The biological father of a child aged 15 years had undergone hormone therapy to re-assign his gender to female (gender change).  The father applied to spend time with the child although the child was found to be completely...
    • Gaile & Talton 2015 FamCA 580

      by - Oct 23, 2015
      A maternal great aunt and uncle applied for final parenting orders.  Evidence was given that the child protection department had expressed concerns about a range of topics related to the mother including her alleged drug addictions, criminal behaviour, verbal and...
    • Gillard & Gillard 2015 FamCAFC 169

      by - Oct 23, 2015
      Parents had separated 7 years earlier.  A trial judge found that the father of children aged 12 and 10 years had engaged in a pattern of emotionally abusive behaviour that undermined the children’s relationships with their mother, and...
    • Gilmour & Lennon 2015 FamCAFC 166

      by - Oct 23, 2015
      A mother relocated with a child aged 12 years without the father’s consent.  A trial judge supported an application by the father and made an interim order for the mother and child to return to be near to the...
    • Everett and Ors & Upton 2015 FamCA 704

      by - Oct 23, 2015
      The judge found that there was an unacceptable risk to children aged 15, 12 and 9 years due to a range of factors.  The father had been convicted of aggravated indecent assault of a child of the...
    • Bandoni & Milic 2015 FamCA 693

      by - Oct 23, 2015
      The case involved a situation where a father was charged with sexual assault of a child and was subsequently acquitted. The father sought to discharge the current Court appointed single expert witness who provided two reports and had made some...
    • Redmond & Stolz (No 3) 2015 FamCA 692

      by - Oct 23, 2015
      A judge found that the father’s text messages to the mother were derogatory, intimidating and threatening and constituted family violence against her and that the father must desist from this behaviour (emotional abuse).  The judge found that granting...
    • Bentleigh & Murdoch 2015 FamCA 671

      by - Oct 23, 2015
      An assessment by a family consultant raised serious questions about the parenting capacity of both parents of children aged 6 and 7 years.  The consultant recommended that the child protection department be invited to intervene if concerns were...
    • Shill & Covel 2015 FamCA 667

      by - Oct 23, 2015
      A father applied to extend his time with an infant.  An expert recommended an access plan where the father’s time with the infant increased in a graduated approach. The judge ordered a graduated approach where the infant spend 3.5 hours per...
    • Merritt & Partos 2015 FamCA 666

      by - Oct 23, 2015
      There was an order for a child aged 9 years to live with the mother, to spend time with the father, and for the father to use his best endeavours to have the child attend sporting...
    • Wilkie & Krivkin 2015 FamCA 651

      by - Oct 23, 2015
      A child was aged 3 years.  The father was diagnosed with bipolar affective disorder and an expert opined that the father remained at risk of relapse.  The father had been charged with fighting.  The father reported...
    • Hamilton & Logan 2015 FamCA 647

      by - Oct 23, 2015
      A child aged 9 years was diagnosed with autism spectrum disorder and both parents agreed that the child required a high degree of structure, predictability and consistency in her daily routines.  The child had previously lived with the...
    • Gerasimov & Zlotnik 2015 FamCA 646

      by - Oct 23, 2015
      A maternal grandmother had cared for a child aged 3 years since birth as the mother and father were unable to care for the child full-time due to their work commitments.  The child was securely attached to the grandmother. The maternal...
    • Carden & Hilliard and ANOR 2014 FamCA 438

      by - Oct 23, 2015
      Children aged 9 and 7 years who were of Aboriginal and South Sea Islander heritage lived with their mother.  Both the paternal grandmother and her late husband had extensive involvement in the Indigenous and South Sea...
    • Flacks & Chatburn 2014 FamCA 428

      by - Oct 23, 2015
      For three years after separation, children aged 15, 12 and 10 years had at the mother’s insistence spent time with the father only at the mother’s house.  The mother then severed all of the children’s interaction with...
    • Lister & Lister 2014 FamCA 606

      by - Oct 23, 2015
      One party wanted to submit evidence from an adversarial expert on a property matter and asserted that it was within the judge’s power to admit the evidence under the permission rule. The judge granted leave to...
    • Stonelake & Verboom and Anor 2014 FamCA 434

      by - Oct 23, 2015
      The mother was estimated to have a mild-moderate intellectual disability, and received a disability pension.  The judge found that the mother did not have the parenting capacity to care for the child without assistance that was provided by...
    • Dyton & Bick and Anor 2014 FamCA 417

      by - Oct 23, 2015
      A father who had difficulty with reading and writing was self-represented at trial.  The Court granted the father a McKenzie Friend to assist in conducting proceedings. The judge found that the father had perpetrated family violence.  The judge ordered...
    • Lansdowne & Shannon 2014 FamCA 331

      by - Oct 23, 2015
      The father acknowledged that he had behaved towards the mother in a manner that was mean spirited and verbally abusive towards the mother at times, and that some of this behaviour had occurred in front of the children.  The father at...
    • Kesterton & Bass and Ors 2014 FamCA 397

      by - Oct 23, 2015
      A mother aged 20 years who experienced mental health and drug issues applied for clarification of the requirements of a supervision order for a child aged 3 years.  The child had lived with his maternal grandfather since the...
    • Hibberd & Banner 2014 FamCA 320

      by - Oct 23, 2015
      Both parties wanted to restrict the child’s relationship with the other to occasional supervised visits, either temporarily or permanently.  It was common ground that the mother had refused to allow the child to spend any time with...
    • Chapman & Timms 2014 FamCA 316

      by - Oct 23, 2015
      A child aged 11 years was emotionally distressed and the parents disputed the reasons for this distress.  The mother reported that the child suffered violent and unpredictable mood changes when he would attack the mother verbally and would become abusive...
    • Giltson & Basfield 2014 FamCA 319

      by - Oct 24, 2015
      Evidence was given that a mother experienced post-traumatic stress disorder which she attributed entirely to the actions of the father as he had been emotionally controlling and abusive towards her.  The father denied that events described by the mother took place. ...
    • Baxland & Vincent 2014 FamCA 330

      by - Oct 24, 2015
      A child aged 10 years had spent limited time with the father, and the mother alleged the child was at risk of harm in the father’s care as family violence had occurred during their brief relationship.  The...
    • Sharp & Underwood 2014 FamCA 301

      by - Oct 24, 2015
      The applicant was not the biological parent of one of the children (non-parent) aged 9 and 7 years.  The applicant sought continuation of the existing parenting regime so that both children would continue to live primarily with...
    • Bell & White 2014 FamCA 258

      by - Oct 24, 2015
      The case involved a child aged 12 years whose parents had been in litigation for 6 years. The mother applied for the child to live with her although the child had consistently expressed a strong wish to live with the father and to spend...
    • Narkis & Narkis (No. 2) 2014 FamCA 420

      by - Oct 24, 2015
      The case involved a child who the judge described as having become very much embroiled in proceedings.  The judge commented that a professional will no doubt be required to pursue the question of just what the child knows for...
    • Benton & Benton 2014 FamCA 251

      by - Oct 24, 2015
      A mother held a genuine strong belief that the father had sexually abused his stepdaughter (the mother’s daughter) when aged 13 years, but the father had been found not guilty in criminal proceedings.   The father had two children aged 7 and...
    • McMurr & Sheill 2014 FamCA 327

      by - Oct 24, 2015
      A father applied for a child aged 8 years to participate in a special education placement but the mother failed to file a response despite the Court’s directions to do so.  Evidence was presented that the child had attended...
    • Kapicic & Bakal 2014 FamCA 236

      by - Oct 24, 2015
      The mother of a 7 year old child sought to reduce the time the child spent with the father pending an updated Family Report.  The mother also sought to disqualify the family consultant on the grounds of apprehension of...
    • Barzetti and Ors & Barzetti 2014 FamCA 233

      by - Oct 24, 2015
      Paternal grandparents applied for orders to spend time with the parties’ younger children who were twin boys aged 8 years.  Six months after the paternal grandparents had commenced spending regular time with the children, the father applied also to spend time...
    • Jarrah & Neason and Anor 2014 FamCA 239

      by - Oct 24, 2015
      The case involved five children who had been placed on the Magellan list due to allegations of sexual abuse and family violence.  The father had a considerable criminal record and had a demonstrated predilection towards having sexual relationships...
    • Jasper & Jasper 2014 FamCA 235

      by - Oct 24, 2015
      Children aged 9 and 5 years spent no time with the father for four years after the parents separated (long absent parent), and the mother applied for sole parental responsibility.   The father applied for a therapeutic re-introduction of the...
    • Martin & Martin and Anor (No. 2) 2014 FamCA 232

      by - Oct 24, 2015
      A couple had been in dispute about a property matter and the wife’s firm of lawyers issued a subpoena to obtain confidential information. The husband submitted that this was a classic example of “fishing” as the firm did not...
    • Jacobs & Kirby and Anor 2014 FamCA 231

      by - Oct 24, 2015
      The case involved a father who had a history of erratic supervised visits (contact limited involvement).  The child had been referred to the child protection Department.  The ICL submitted that it was difficult to conclude that...
    • Jevons & Jevons 2014 FamCA 220

      by - Oct 24, 2015
      Dispute involved three children aged 17, 16 and 13 years.  Two older girls lived with the mother and the younger child had lived with the father for about a year.  The judge found that the father was...
    • Biggs & Hurst (Application pursuant to Rice & Asplund) 2014 FamCA 217

      by - Oct 24, 2015
        A trial judge made orders enabling the father to spend time with the children, conditional upon a number of factors including successful completion of a three month residential rehabilitation program and completion of parenting programmes.  The father...
    • Winters & Winters 2014 FamCA 216

      by - Oct 24, 2015
      The case involved two children, one aged 4 years who lived with the father, and the second aged 18 months who lived with the mother and maternal grandmother.  The judge found that the mother’s environment posed a...
    • Sutton & Anderson 2014 FamCA 215

      by - Oct 24, 2015
      The mother of a child aged 4 years at the time of the hearing had been subjected to intense and long term verbal abuse.  The mother applied to relocate to be with her extended family and to provide some relief...
    • Roth & Roth 2014 FamCA 207

      by - Oct 24, 2015
        There were two children of a relationship aged 14 and 11 years.  The mother requested that the younger child primarily live with her and that she have sole parental responsibility for him, but the father sought...
    • Darwish & Darwish 2014 FamCA 290

      by - Oct 24, 2015
      A family consultant recommended that an infant’s time with his father should follow a graduated approach, starting at two occasions with the father during the week. It should then be moved to one overnight stay and then into two...
    • Hunter & Morrison (contravention) 2014 FamCA 198

      by - Oct 24, 2015
      A father withheld children from contact with the mother on 3 occasions, citing reasonable excuses.   The mother alleged the contraventions were serious and posed a physical and emotional risk to the children by virtue of the contraventions precipitating...
    • Ralph & Medlock 2014 FamCA 191

      by - Oct 24, 2015
      A child aged 6 years had very significant disabilities, and the father had spent almost no time with the child in the past 6 years (long absent parent). The father was critical of the mother’s parenting, but his...
    • Beman & Sassi 2014 FamCA 186

      by - Oct 24, 2015
      The case involved children who were at different developmental stages, being aged nearly 4 years and 9 years.  Little difference was found in the parenting capacity of each of the parents. The family consultant opined that the fact that one...
    • Ditcher & Fetzer 2014 FamCA 175

      by - Oct 24, 2015
        A child aged 2 years had lived primarily with the father since separation, and the mother applied for the child to live with her for equal time.  When the relationship ended the father withheld the child and the...
    • Dickens & Dickens 2014 FamCA 1226

      by - Oct 24, 2015
      A father withheld a child aged 10 years after the child spoke about being hit by the mother’s new partner, and the boy missed schooling.  The father complained to police who sighted a faint bruise on the...
    • Ramirez & Ramirez 2013 FamCA 153

      by - Oct 24, 2015
      A child aged 12 years had special needs due to mild cerebral palsy, mild intellectual disability and epilepsy.   The father had been diagnosed with bipolar disorder.  The child was in the primary care of the mother.  The...
    • Leisa & Tait 2014 FamCA 152

      by - Oct 24, 2015
      Orders were made for a child aged 4 years to live with the father and spend time with the mother.  Two years later the mother applied to reverse the orders so that she became the primary...
    • Kolesov & Jenkins 2013 FamCA 151

      by - Oct 24, 2015
      The mother alleged over 140 contraventions by the father.  Three children lived with the mother and spent time with the father when he was in Australia. The judge dealt with alleged contraventions on an individual basis:...
    • Huffman & Gorman 2014 FamCA 150

      by - Oct 24, 2015
      A question arose about how to manage a recording that one parent wanted to submit to a single expert witness.  A father had recorded conversations that he alleged contained threats to him, and he produced 1000...
    • Ghanem & Hilal 2014 FamCA 137

      by - Oct 24, 2015
      A mother alleged that the father had sexually abused an older daughter of the mother from another relationship when that child was aged 8 years. The mother also alleged that the father was unable to control his anger without...
    • O’Boyle & Salt 2014 FamCA 132

      by - Oct 24, 2015
      Four boys aged 14, 12, 11 and 7 years had lived with the father for two years following separation.  The youngest child had moved to live with the mother for eight months while the three older children continued to...
    • Yeddich & Meier and Anor 2014 FamCA 125

      by - Oct 24, 2015
      An assessor described a 13 year old child as having developed an atypical form of anxious-avoidant attachment style, meaning that the child had responded to the lack of adult responsiveness to his needs by becoming self-reliant. ...
    • Orr & Pinter 2014 FamCA 119

      by - Oct 24, 2015
      A child aged 5 years was ordered to live with the father and spend time with the mother.  The mother’s time with the child had previously been supervised.  The father withheld the child on two occasions, claiming...
    • Munroe & Watson and Ors 2014 FamCA 112

      by - Oct 24, 2015
      Three children were involved born of two fathers.  The oldest child lived with its father and the two younger children had been removed from the mother at birth.  An issue was whether the maternal grandparents were...
    • Fell & Hartnell and Ors 2014 FamCA 111

      by - Oct 24, 2015
      Four children were involved, born of two fathers.  The applicant was father of the youngest child aged 10 years, and he had acted as a father-figure for all four children for 7 years when the couple...
    • Dollard & Hanning 2014 FamCA 149

      by - Oct 24, 2015
      The case involved a child aged 5 years.  The judge found that while it is standard practice for a family consultant to observe interactions between a child and parent following interviews, the consultant has discretion about...
    • Cannon & Acres 2014 FamCA 104

      by - Oct 24, 2015
      The case involved a girl aged 12 years whose parents had been in ongoing conflict since they separated when she was aged 5 years (intractable conflict).  The child was described as mature. The judge noted there...
    • Hodges & Xiu 2014 FamCA 165

      by - Oct 24, 2015
      The father submitted that the wife had contravened an order made earlier by another judge.  The order granted sole parenting responsibility to the mother and required the mother to arrange annual conferences to discuss the child’s...
    • Rutherford & Safi 2014 FamCA 154

      by - Oct 24, 2015
      The case involved a polygamous marriage that had occurred in an African country and that was recognised as valid in that country and culture. The judge noted that affidavit material had been presented and was not contested. ...
    • Hurst & Gersten 2014 FamCA 117

      by - Oct 24, 2015
      Following the death of the mother in a car accident, the father and maternal grandmother disputed who a child aged 8 years should live with.  The child had Aboriginal heritage arising from the maternal grandfather. The...
    • Narkis & Narkis 2014 FamCA 113

      by - Oct 24, 2015
      A child aged 11 years was described by the mother as intelligent and strong-willed (temperament). The judge noted that the child had been put in a position where the child determined what she will do with her father, and...
    • Batkin & Batkin 2014 FamCA 462

      by - Oct 24, 2015
      The parents of children aged 13, 11 & 9 years had separated 7 years earlier.  The mother alleged that during the relationship the father had perpetrated family violence upon her, and that the children’s refusal to see or...
    • Seiler & Vogler 2014 FamCA 395

      by - Oct 24, 2015
      Children aged 11 and 8 years were reluctant to spend time with their mother, and the mother stated her strong belief that this occurred because the father did not support her relationship with the children, whereas the father counter-complained that...
    • Daher & Saliba and Anor 2014 FamCA 392

      by - Oct 24, 2015
      The mother was aged 15 years when she married, with the marriage being registered three year later (young parent). After the parents separated, three children aged 17, 14 and 7 years had lived with the father but...
    • Pickering & Saltmarsh 2014 FamCA 370

      by - Oct 24, 2015
      A father who had not seen the child for a year applied to introduce overnight stays for a child aged 6 years, and the mother proposed similar orders.  The father had pleaded guilty to one count of aggravated assault of...
    • Alford & Frost 2014 FamCA 411

      by - Oct 24, 2015
      There were interim consent orders for the child to live with the father and spend time with the mother.  Reports from the District Court showed that the mother’s new partner and fiancé had been convicted of multiple counts...
    • Jaeger & Hollis 2014 FamCA 347

      by - Oct 24, 2015
      The mother was the primary attachment figure for four children aged between 4 and 9 years.  Allegations of physical and sexual abuse of the children were made against the mother’s new husband.  The children alleged that the step-father...
    • Phitzner & Hollas 2014 FamCA 344

      by - Oct 24, 2015
      Four children had lived with their mother since separation and had recently recommenced spending time with their father.  The mother alleged significant and sustained physical and sexual abuse against both herself and the children but the father denied...
    • Stokes & Stokes 2014 FamCA 333

      by - Oct 24, 2015
      The judge commented that marriage breakdown often produces emotional turmoil and conflict that impacts on young children and that high conflict between parents can have devastating effects on a child’s emotional development.  It is not uncommon to see otherwise...
    • Vargas & Clarke 2014 FamCA 109

      by - Oct 24, 2015
      The father submitted that the mother had a mental illness of schizophrenia; that she had been admitted to hospital for this; that she consumed excessive alcohol; and that she became violent and abusive towards the child. The mother alleged that the father had...
    • Shaddock & Wren 2014 FamCA 88

      by - Oct 24, 2015
      When aged 14.5 years a girl had informed her father that she preferred to go to a party instead of spend time with him.  The mother suggested an alternative make-up time.  When the girl was 16...
    • Ibbott & Chaconas 2014 FamCA 73

      by - Oct 24, 2015
      A judge gave little weight to evidence provided by one grandparent as the grandfather simply adopted the grandmother’s evidence.  ...Read More
    • Creighton & Filippo 2014 FamCA 136

      by - Oct 24, 2015
      An expert who provided reportable therapy had provided a treatment report to Court although the report had not been requested by court.  The mother asked that a family consultant also be appointed as the treatment report did not address...
    • Kapa and Anor & Sinoti and Anor 2014 FamCA 87

      by - Oct 24, 2015
      The case involved an infant aged 1 year whose parents were from the Tongan culture.  Before the child’s birth the biological parents had agreed to transfer parental responsibility to the applicants who were non-parents, and this...
    • Harris & Coates 2014 FamCA 79

      by - Oct 24, 2015
      Parents of children aged 10, 8 and 6 years had been involved in ongoing intractable conflict.  The children had development and psychological/emotional problems and the parents disputed the reasons for this (child’s behaviour).  One child had...
    • Nikolakis & Nikolakis 2010 FamCAFC 52

      by - Aug 7, 2015
      A judge found that a father posed an unacceptable risk of abuse of his four children aged between 14 and 7 years, both emotionally and sexually.  The judge ordered that the children live with the mother...
    • Hort & Verran 2009 FamCAFC 214

      by - Aug 7, 2015
      A paternal grandmother commenced proceedings that resulted in a judge ordering two children aged 9 and 7 years to live with the paternal grandmother and to spend time with the mother.  The grandmother was delegated sole parental responsibility...
    • Mulvany & Lane 2009 FamCAFC 76

      by - Aug 7, 2015
      A presumed father was found by DNA not to be the biological parent of a child aged 5 years shortly before a trial.  The judge permitted the presumed father to continue his application as a person...
    • McDonald & Lee 2008 FMCAfam 473

      by - Aug 7, 2015
      An applicant father discovered shortly before the hearing that he was not, in fact, a biological parent of a child who was the subject of a dispute, but he nonetheless pressed his application. The trial judge concluded...
    • B & B & Anor 2007 FMCAfam 246

      by - Aug 7, 2015
      Two women had lived together for 5 years and disputed the time two children should spend after they separated.  One male had donated sperm for both children, aged 6 years and 19 months at the time...
    • Simpson & Brookman 2010 FamCAFC 37

      by - Aug 7, 2015
      Two women had lived in an intimate relationship for 9 years and two children were born during this time using IVF, with each woman being the biological parent of one child (same sex relationship).  One woman then...
    • McClintock & Levier 2009 FamCAFC 62

      by - Aug 7, 2015
      A mother who admitted six contraventions of orders without reasonable excuse was sentenced to six months imprisonment.  The mother withheld an 11 year old child from the father.  The mother had re-located interstate and enrolled the...
    • Nardello & Fillmore 2009 FamCAFC 42

      by - Aug 7, 2015
      The mother of four children appealed a decision by the judge to place two younger boys aged 7 and 8 years with their father and older brother, while a girl was placed with the mother.  The...
    • Baldwin & Baldwin 2014 FamCA 43

      by - Aug 7, 2015
      A mother stated that her continuing ability to parent a 5 year old child would be affected if the father spent unsupervised time with the child.  The mother alleged both physical and sexual abuse by the...
    • Yeddich & Meier and Anor 2014 FamCA

      by - Aug 7, 2015
      A child aged 13 years had been subject to a hearing 7 years before.  Reports had been received from three psychiatrists who recommended that the boy live with the father and that the father have sole...
    • Hester & West 2014 FamCA 78

      by - Aug 7, 2015
      A father of children aged 9 and 11 years applied for the children to live with him.  The father gave evidence that the mother and her new partner had smoked cannabis from a bong, that the...
    • Olson & Carter 2014 FamCA 29

      by - Aug 7, 2015
      A mother alleged that the father assaulted her on the day she was discharged from a maternity hospital with twins.  Staff of the Department of Human Services stated they would remove the children if the mother did not...
    • Olgun & Neilson and Anor 2014 FamCA 25

      by - Aug 7, 2015
      The case involved a non-parent who applied for care of four children aged 1 to 6 years as the children had lived with her for 6-9 months.  The applicant was a friend of the mother.  Both parents reclaimed...
    • Turner & Alexander 2014 FamCA 14

      by - Aug 7, 2015
      The father of children aged 15 and 13 years alleged that his ex-partner’s new husband posed an unacceptable risk of sexual abuse as the new husband was on the sexual offenders register following an incident 7 years...
    • Fan & Napoli 2011 FMCAfam 761

      by - Aug 7, 2015
      The father of a girl aged 5 years who acknowledged frequently watching adult pornography was found to have 518 images of child pornography on his computer.  The images were rated using a COPINE scale that showed...
    • Kelly & Landridge 2012 FMCAfam 374

      by - Aug 7, 2015
      The mother of two children aged 6 and 2 years passed away following a car accident.  While both children had lived with the husband for several years he was the biological parent of only the younger child. ...
    • Fagundes & Fagundes No 4 2012 FMCAfam 1542

      by - Aug 7, 2015
      The case involved children aged 12 and 8 years who had lived with the mother.  The older child expressed a desire to live with the father while the younger child wanted to continue living with the mother. ...
    • Hale & Hale 2011 FMCAfam

      by - Aug 7, 2015
      Twins aged 12 years lived with their mother.  The father alleged that the mother tried to alienate the children from him as had occurred with an older sister. The judge had ordered that the children participate...
    • Geston & Geston 2012 FMCAfam 460

      by - Aug 7, 2015
      Children aged 12 and 11 years reported that their mother had pinched, hit and slapped the children as a form of discipline, leaving bruises that were observable to Police (discipline harsh). The judge found that the...
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