What is a full and frank disclosure in Family Law? All parties to a family law dispute are required to make full and frank disclosure of information and documentation that is relevant to the matter. This duty to disclose information relates to both paper and electronic documentation and/or information in your possession or control. It is …
Divorce
16 September 2020
How does the divorce process work in Australia?
How does the divorce process work in Australia? Going through a divorce or considering it can be one of the most stressful and emotional times of a person’s life. The legal process can at times be intimidating, adding to this stress. Its important to have a brief understanding of how the divorce process works to …
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Divorce Family Law Parenting Orders
14 August 2020
What factors determine equal custody of children: A case study
A Family Law Case where the nature of the parents relationship and conflict generally make it hard to get equal custody arrangements Although there are many applications by fathers to get equal custody arrangements put in place with their children, even after mothers have already had interim or long- term primary care, there are some …
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Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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Divorce Family Dispute Resolution Family Law Mortgage Property Property Settlement Transfer of Land
18 June 2019
Forcing a sale of jointly owned property in Victoria
Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …
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Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Divorce Family Law Property Property Settlement Separation
29 August 2017
Splitting Super after Divorce
How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship. Rather than cashing out the super is “split” and assigned to the spouse who is entitled to a top up. Superannuation …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Divorce Wills
11 November 2016
The effects of divorce on a will?
According to the Victorian Wills Act 1997: (1) The divorce of a testator revokes— (a) any disposition to the divorced spouse of the testator, made in a will in existence at the time of the divorce; and (b) the grant of a power of appointment by the will exercisable by or in favour of the …
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