Family Violence in Family Law cases When it comes to family violence, the Court takes these allegations seriously. When making parenting orders, the Court will consider the best interests of the child. The Family Law Act prioritises the safety of children in parenting matters by giving higher priority to the protection of children from harm …
Family Law
27 September 2020
Time limits in Family Law proceedings: A case study
A family law case detailing the importance of quality legal advice in the early stages of proceedings, to ensure the highest chance of getting the best outcomes to your property/financial settlement Time limits generally If you’re currently dealing with family law matters, in particular financial and property settlements, there are important time limits through the …
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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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Relocation of Children
7 September 2020
Child Relocation: A Case Study
A family law case in which the mother was ordered to relocate with her child to be closer to the father in order to make it easier for both parents to agree on acceptable custody arrangements Tandy & Eastman In Tandy & Eastman [2020] FCCA 541 (19 February 2020 Federal Circuit Court of Australia) …
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Deceased Estate
28 August 2020
Common claims against Deceased Estates
Common claims against Deceased Estates One of the duties of an executor/administrator of a deceased estate is to pay out valid claims against the deceased. The most common types of claims against a deceased estate are based around: Family provision claims (disputing inheritance amount) Contractual obligation (unpaid loans) Family Provision …
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Power of Attorney Probate Wills
26 August 2020
Making a Will and Power of Attorney during COVID-19
Making a Will and Power of Attorney during COVID-19 During these uncertain times, we have seen an increase in enquires from people starting to think about the future, what is next after COVID-19 and what may happen to their personal and financial affairs moving forward. Our advice has been to consider making a Will and …
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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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Bankruptcy Deceased Estate
29 July 2020
Insolvent Deceased Estates – What you need to know
Insolvent Deceased Estates It is well known in Australia that you can’t inherit a debt from a relative (unless it attaches to an asset you are inheriting. But what happens if your loved one passes away, leaving more debt than assets. Who pays the debts? Just like with living people, if a person dies while …
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Power of Attorney
12 May 2020
Why you need a Power of Attorney
Why you need a Power of Attorney When you are looking into your estate planning you will often come across Powers of Attorney. A Will protects your interests after you pass away, but a Power of Attorney protects you while you are still alive. There are many different types of Power of Attorney and it …
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Custody Family Law
30 April 2020
Winning custody as a father: a case study
Family Law Case where a Father got custody and 70% of the assets As a family lawyer, I hear quite often from husbands and fathers going through the family law courts that “women always win” and “women always get the kids and most of the property”. Another gripe is that your ex-spouse will get half …
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