Category: Family Law

News

Assessing the weight of initial contributions over time
POSTED: 13 Sep 2023
Family Law
Initial contributions are the assets and sometimes liabilities that a party had when they entered a relationship. This could be real property, savings, shares and superannuation, or it could be a credit card debt or mortgage.
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News

Relevancy of Medical Subpoenas in Transgender cases
POSTED: 25 Jul 2023
Family Law
A subpoena is a legal document issued by a court that requires a person to produce certain documents, attend court, or give evidence at a specific time and place. In the context of family law, a subpoena may be used to compel individuals or organisations to provide information or documents...
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News

Can a personal family loan be taken into consideration in Family Law Court Proceedings?
POSTED: 09 Jun 2023
Family Law
A common issue that arises in family law property cases is how a loan from a family member to a party in a relationship ought to be treated and characterised for the purposes of family law proceedings.
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News

Parent’s interests v Child’s interests
POSTED: 15 Mar 2023
Family Law
In this matter, the Mother made an application to have the Child relocate with her to Adelaide where she would have the support of her extended family. The Father of the Child opposed the relocation as his extended family support is in Melbourne.
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News

Can a child hold dual citizenship?
POSTED: 14 Feb 2023
Family Law
In this matter, a father made an application to the courts to prevent the child from holding a secondary passport from the child’s mother country of birth (‘Country B’).
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News

To move or not to move! Randles v Leandra [2021] FCCA 1125
POSTED: 17 Oct 2022
Family Law
In this matter, a father applied to the court to have his 6 and 3 year old children returned to him after the mother relocated to Sydney.
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News

Assessing Possibilities And Probabilities When Determining An Unacceptable Risk
POSTED: 25 Aug 2022
Family Law
The Full Court of the Federal Circuit and Family Court of Australia recently heard the case of Isles & Nelissen [2022]. This case clarified the Court's role in parenting matters when assessing unacceptable risks where there are allegations of child abuse.
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News

Parental Alienation: how to overcome non-compliance of parenting orders
POSTED: 27 Jul 2022
Family Law
The recent merge of the Federal Circuit and Family Court of Australia (FCFCOA) in September 2021, exists as one entry point for parenting disputes to be dealt with by the Court. With the implementation of parenting orders by this Court, if a party breaches such orders penalties follow.
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News

Jabs, Jurisdiction and the COVID list
POSTED: 11 Apr 2022
Family Law
The ‘Covid list’ is a national court list dedicated to dealing with urgent family law disputes that have arisen as a result of the Covid-19 pandemic.
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News

Family Court, Final Hearings and Dispute Resolution – Pathways to Mitigate Delay
POSTED: 11 Apr 2022
Family Law
It is no secret that there are extensive delays and huge backlogs in the Family Court system. Litigants can feel the result of such backlog when considering the 2+ year wait periods that parties may have to endure before their matter is heard by a Judge for a Final Hearing.
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