In the case of Blatch (No 5) [2022] FedCFamC1F 651 (31 August 2022) the court made orders gradually increasing the father’s time with the children to equal time but also ordered him to get up to date with his child support. Background The parties commenced living together in 2003 and married in 2005. They have two …
De Facto Relationships Property Settlement
19 October 2022
Percentage Entitlement In Family Law Case Short De-Facto Relationship
In the case of Grunseth & Wighton [2022] FedCFamC1A 132 (26 August 2022) an appeal was made from original orders dividing the parties’ property so the appellant (de facto wife) received 47.5 per cent and the respondent (de facto husband) received 52.5 per cent. Background to case The appellant contended that such a finding could …
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Family Law dispute resolution Family Dispute Resolution
7 October 2022
Commencing or responding to proceedings in the Family Courts of Australia
Proceedings are commenced by filing an Initiating Application. The necessary pre-action procedures, full and frank disclosure, must have already been completed. Initiating application File the following documents with an Initiating Application in financial proceedings: 1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to …
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Appeals Family Law Property property division Property Settlement
25 July 2022
WIFE SUCCESSFUL APPEALING COURT OUTCOME FOR PROPERTY SETTLEMENT- LESS DEBT TO TAKE
The case of Chan and Lee 2022 was an appeal bought by the wife against property orders made on 23 March 2021 when she was not satisfied with the result of taking on debts with the property she was awarded. BACKGROUND The parties were married on 15 May 2008 and separated on 16 May 2016. …
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Laws on Children Family Violence
4 July 2022
WHAT IS AN UNACCEPTABLE RISK OF HARM TO A CHILD?
Case Summary – Willmore and Menendez The case of Willmore and Menendez was an appeal brought by the mother of a decision in which the judge found that the mother posed an unacceptable risk of emotional and psychological harm to a child, aged six. The primary judge ordered that the father have sole parental responsibility, …
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Family Dispute Resolution Parenting Orders
4 July 2022
BREACHING PARENTING ORDERS- MOTHER FINED
Case Summary- Bircher & Bircher The case of Bircher & Bircher was an appeal brought by the mother of a successful contravention application brought by the father. The primary judge found that the mother contravened parenting orders on three occasions by withholding children from time with the father and by taking them to medical appointments, …
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Parenting Orders Custody Family Law parental involvement
27 April 2022
Parenting Plans and Consent Orders – What’s the Difference?
Parenting Plans and Consent Orders are the two options for documentation of agreed care arrangements for children.
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Family Law dispute resolution family mediation
7 April 2022
8 Top Tips to Prepare for Mediation and Family Dispute Resolution
Mediation and Family Dispute Resolution (FDR) can help you work through your parenting and financial agreements, resolve disputes, and find solutions that provide the best outcome for all parties involved.
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Property
28 February 2022
How to Avoid the Pitfalls of Property Co-Ownership in Victoria.
Steadily increasing Melbourne house prices have meant that, for many people, buying property in the current market is little more than a pipe dream.
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Family Law Custody custody disputes custody evaluation
25 January 2022
Reversal of Custody Where Father Wrongly Accused of Sexual Abuse
Reversal of Custody Where Father Wrongly Accused of Sexual Abuse – A Case Study Let’s take a look at a recent case where a father was wrongly accused of sexual abuse from the mother, and what the ultimate outcome came to be. Father accused of sexually abusing his children In the case of Syms & …
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