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  • Some exciting news was delivered in late September this year when the Attorney-General of Australia announced that over the next two years, there will be the first ever major review of the Family Law Act and the Family Law system more broadly. This announcement is long overdue and has been welcomed by the legal profession […]

  • In a long overdue announcement, the Federal Government has introduced new proposed laws to protect victims of family violence from being directly questioned by their alleged perpetrator. There has been ongoing criticism of the Family Court system as the current law allows an alleged perpetrator who is representing themselves to directly cross-examine their ex-partner or […]

  • A Family Law property settlement should be fair to both parties and recognise the contributions made by each party, and also each party’s future needs. The Family Law Courts adopt a four-step approach to determining an appropriate property settlement. These four steps are: Identifying the assets and liabilities of the relationship. Assessing the contributions by […]

  • Following the breakdown of a relationship, there is often a lot of mistrust between parties and this is particularly relevant where one party thinks that the other party is trying to hide some of their assets. In a family law property settlement, the most important legal requirement is for each person to provide “full and […]

  • For a long time, there has been a fairly standard rule in Australia that an engagement ring is considered a “conditional gift”, meaning that the man gave the woman a ring upon the condition that they become husband and wife. This meant that if the engagement was called off by the woman then the woman […]

  • Recent developments in the Court system seem to indicate that the Family Law Courts are finally embracing technology and the use of the internet. In 2016 the Courts changed the way to apply for a Divorce. An Application for Divorce must now be completed and filed online. This requires a party applying for a Divorce, […]

  • It is not unusual in a family law property settlement to see two parties agree for one person to keep the house and in exchange for this, pay the other person an agreed upon sum of money.. If parties are in agreement about a property settlement then Consent Orders are prepared and filed with the […]

  • In this instance the Father failed to bring his history of criminal offences and family violence to the Court’s attention. He also claimed that the Mothers phone had been disconnected. The court relied on the Father’s evidence and made an Order for the urgent recovery of the children. The children were forcibly removed from their […]

  • Australia has a system of “no fault divorce”, which means that the Court does not consider the reasons behind the breakdown of a marriage, only the fact that the marriage has broken down irretrievably. To apply for a divorce in Australia you must be separated from your spouse for a period of at least 12 […]

  • The issue of travelling overseas with a child can become a major problem for separated parents, especially when one parent does not provide their consent for overseas travel, or refuses to sign a Passport Application.In the absence of Court Orders, either parent is technically able to travel with their child wherever they want. If there […]

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