ADR in a post Covid-19 Landscape

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“A Not So Arbitrary Solution: ADR in a Post COVID-19 Landscape“ This article by Claire Naidu & Debra Parker was in the Law Society of the ACT Journal, Winter 2020 Edition. This article is about dispute resolution including mediation during covid-19 and post covid-19 world.

Superannuation, Super Splitting and Family Law Matters

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After separation, when separated couples consider a property settlement, superannuation can be one of the biggest assets that they have. There is no requirement that superannuation be subject to a property settlement by way of adjustment, however you may be considering adjusting yours or your former partner’s superannuation – this is known as a ‘superannuation split’ or ‘splitting orders’. Superannuation … Read More

Checking and updating Your Will following changes in relationships

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Checking your Will If you have had recent changes in your family relationships, for example you have separated, divorced or you have had a child, the last thing on your mind may be checking your Will. Through all of the distress and confusion you may not be considering what happens with your estate if you were to pass away, but … Read More

Same Sex Marriage and your Will

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Same Sex Marriage and your Will With the changes to same sex marriage laws in Australia, your family relationships may have changed, for example you may have recently married in Australia or an international marriage may now be legally recognised in Australia. For couples in the ACT with a current Will, it is important to review and have updated as … Read More

New Family Law Court Fees – Effective from 1 July 2020

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Family law fees Pursuant to section 2.13 of the Family Law (Fees) Regulation 2012, from 1 July 2020 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below. Item Document or service Family law fees 1 Filing an application in proceedings for a divorce order in relation to a marriage or a decree of … Read More

What is a Consent Order?

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“Consent Orders may be made by a court where there is agreement by parties for orders to be made. There are usually certain requirements that need to be met before a court will issue consent orders.” A consent order or “consent orders” may have different meanings depending on the jurisdiction and the Court and type of proceedings. Consent orders in … Read More

Divorce property settlement without going to Court

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When people separate, there are a range of different experiences that they can have. Not all separations have to be the long drawn out court battles that last for years and cost hundreds of thousands of dollars in legal fees. “There are options that can help you to avoid going to Court.” – Claire Naidu As you can anticipate, going … Read More

Specialist Family Court Covid-19 List for urgent parenting matters

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The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) have announced that they are establishing a court list dedicated to deal exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic. They have avised that the list will commence on 29 April 2020. The introduction of this list is in response to … Read More

Finalise your Divorce, Move on with your life

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DIVORCE IS NOT FAILURE Finalise your Divorce, Move on with your life “I’ve missed more than 9,000 shots in my career. I’ve lost almost 300 games. Twenty-six times I’ve been trusted to take the game-winning shot…and missed. I’ve failed over, and over and over again in my life. And that is why I succeed.” – Michael Jordan. Finalise your Divorce, … Read More

Covid-19 Family Law Matters: Conflict Coaching for Covid-19 related matters

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CONFLICT COACHING – FAMILY LAW CONFLICT COACHING FOR PARENTING ARRANGEMENTS AND PROPERTY MATTERS AFFECTED BY COVID19 “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – COVID-19 FAMILY LAW … Read More

Covid-19 Family Law Matters: Express Mediations for Covid-19 related matters

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EXPRESS MEDIATION – FAMILY LAW MEDIATION FOR PARENTING ARRANGEMENTS AND PROPERTY MATTERS AFFECTED BY COVID19 “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – COVID-19 FAMILY LAW EXPRESS … Read More

Covid-19 Family Law Matters: Initial Appointments and Family Law Advice

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INITIAL APPOINTMENTS AND SPECIALIST FAMILY LAW ADVICE REGARDING COVID-19 PARENTING ARRANGEMENTS AND PROPERTY MATTERS “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – COVID-19 FAMILY LAW ADVICE The … Read More

Covid-19 Family Matters: Wills and Power of Attorneys

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LEGAL MATTERS DURING COVID-19 – WILLS AND POWERS OF ATTORNEY “With the Covid-19 pandemic, now is a good time to consider reviewing your old will. If you do not have a will, it is a good time to consider preparing a Will to ensure that your wishes are reflected and loved ones taken care of.” – Claire Naidu & Co … Read More

Covid-19 Family Law Matters: Family Violence and Domestic violence

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FAMILY LAW COVID-19 FAMILY VIOLENCE AND DOMESTIC VIOLENCE MATTERS “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – FAMILY VIOLENCE AND COVID-19 Are you concerned for yourself or … Read More

Covid-19 Family Law Matters: Parenting information

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FAMILY LAW COVID-19 PARENTING INFORMATION “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – COVID-19 PARENTING FACT SHEET You may be worried or confused about what COVID-19 means … Read More

Covid-19 Family Law Matters: Parenting Arrangements during the Pandemic

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PARENTING ARRANGEMENTS IN THE COVID-19 PANDEMIC “The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co – During the COVID-19 pandemic you may be considering what impacts there might be … Read More

Covid-19 Update #2

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We remain open. However, our office arrangements are currently varied. In line with the government lockdown response to the Covid-19 Pandemic, we advise that our physical offices at 66A Phyllis Ashton Circuit will be temporarily closed (we remain open remotely). Further updates will be provided. What does this mean? Our staff will work remotely where possible and we continue to service … Read More

|Covid-19 Update

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Clients with any symptoms of a cold or flu, (even mild symptoms) are respectfully requested to not come into the office but rather contact us prior to the appointment to discuss options including a telephone or video appointment instead of a face to face appointment or to reschedule the appointment . Please call 02 6109 0118 to discuss your situation … Read More

Megxit & Hexit (and Brexit)

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Megxit & Hexit (and Brexit) There are all forms of relationships, new relationship, establishing relationships, established relationships and relationships that are on their way out – exiting relationships.  There are changes and exiting of relationships at the country-based level.  Colonies have been declaring independence for years.  For example, Cameroon from being a former German colony, Madagascar from being a French … Read More

Summer Solstice: An interesting Legal Tradition

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“Solstice” is from the Latin word solstitium, which translates to “sun stands still.” According to the astronomical definition of the seasons, summer solstice marks the beginning of summer. In the Southern Hemisphere, summer solstice falls today, 22 December 2019, and it is the day with the longest amount of sunlight.Summer solstice has an interesting legal tradition. The Vikings are thought … Read More

Recent Full Court Family Court of Australia Appeals

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Some of the recent decisions of the Full Court of the Family Court of Australia are as follows (for more details, click on the links): Cabadas & Cabadas [2019] FamCAFC 17911 Oct 2019FAMILY LAW – APPEAL – PROPERTY SETTLEMENT – Where the husband appeals from final property orders – Where the trial judge found the date of separation to be … Read More

The Rights of a Child in Family Law Matters

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State parties (ie countries) that have signed the Convention on the Rights of the Child have committed to ensuring and respecting the rights of each child no matter their background or the background of their parent’s. The rights of children apply to all children and apply without discrimination of any kind, irrespective of their face, colour, sex, language, religion, political … Read More

Parenting Matters

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Parenting matters, in a family law context, are matters involving a child or children. There are a range of different family law matters and not all family law matters involve parenting matters. Parenting matters arise when parties separate and they have children together (including all children whether biological and non-biological children). A child is considered to be a human being … Read More

Best Interests of a Child

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The Best Interests of a Child – Matters involving children from separated or separating parents The “Best interests of a child” is term used all over the world and is considered to be the paramount consideration in matters involving children.  You may have heard of the principle being referred to as the paramount consideration or primary consideration. In all actions … Read More

How to settle a Family Law Matter

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Want to settle your family law matter? Looking to obtain a property settlement or custody arrangements? There are many options available to assist in resolving a family law matter. These options include: “Kitchen table” discussions – where you and your former partner discuss options for settlement together; Four-way or round-table discussions – where you and your former partner discussions options … Read More

Mediation Canberra

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– Family Law Mediation in Canberra, ACT and Australia Claire Naidu & Co offers Mediation services for the Canberra, Queanbeyan and ACT region from our offices in Gungahlin. We also service clients interstate and can assist clients from NSW, Victoria and across Australia and Internationally. If you would like to talk to some and discuss mediation whether that be mediation … Read More

Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018

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From 10 September 2019, personal cross-examination have been banned in family law proceedings in certain circumstances where allegations of family violence have been raised.  Amendments to the  Family Law Act 1975 (Cth) have been made that provide protection to victims of family violence who are cross-examined as part of family law proceedings. What is Personal Cross Examination? Personal cross-examination is where a … Read More

Collaborative Family Law

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“Choosing the right lawyer to help you resolve your family law matter is essential.” – Claire Naidu & Co As Pauline Tesler once said to Mark B. Baer, Esq: “The most significant variable affecting whether a divorce will be managed well or whether it will slide into high conflict litigation is who the parties select as their lawyers. Lawyers who understand … Read More

Collaborative Family Lawyers: Claire Naidu & Co

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Collaborative Family Law is a different way of approaching the resolution process of family law matters.  It aims to promote the resolution of disputes and keep the matter outside of the court system. It is a voluntary process where parties agree to opt into the Collaborative process and keep out of Court. The lawyers sign an agreement whereby they will … Read More

Casenote: Mediation – Whether Federal Judges can act as mediators – Wardman & Ors v Macquarie Bank Limited [2019] FCCA 939 (10 April 2019)

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Keywords:Federal Judges appointed under Chapter III of the Constitution cannot att as mediators – a mediator does not exercise the judicial power of the Commonwealth and mediation is not incidental to judicial power either generally or under s.51(xxxix) of the Constitution – accordingly r.45.13B(2)(a) of the Federal Circuit Court Rules 2001 (Cth) which purportedly authorises the appointment of a Judge of this Court to be a mediator is … Read More

Canberra Family Lawyers

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If you are seeking a family lawyer in Canberra or you require a local Canberra agent to act as your lawyers, consider Claire Naidu & Co. We a specialist family & divorce law firm. We provide services in the Family Court of Australia in Canberra, the Federal Circuit Court in Canberra, the Australian Capital Territory Supreme Court and the Australian … Read More

Harmonisation of Family Law Court Rules

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The Family Court of Australia and Federal Circuit Court of Australia have engaged the Honourable Dr Chris Jessup QC to oversee development of unified family law processes   The unification will look to establish a common set of rules, forms and case management in the Family Court of Australia and Federal Circuit Court  of Australia.  A working group  of Judges of … Read More

The plan to merge the Family Court of Australia and the Federal Circuit courts before the federal election will not happen.

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The proposed Family Court and Federal Circuit Court merger bills have not won support of the Senate and will not be passed into law (at least before the next election). Attorney-General Christian Porter was not able to win crossbench senators’ support by Wednesday this week which was the final sitting day of the Senate before the federal election. The Law … Read More

Family Law News: Appointments to the Family Court of Australia and the Federal Circuit Court of Australia

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Appointments to the Family Court of Australia On Monday 11 March 2019 the Attorney-General the Hon. Christian Porter MP announced the appointments of two new judges to the Family Court of Australia.   Judge Joshua Wilson and Judge Robert Harper have been appointed as and from 11 March 2019, elevating them from their current positions as judges of the Federal … Read More

Family Law News – Appointments to the Family Court of Australia

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On 8 February 2019, the Attorney-General for Australia announced that both Judge Jillian Williams and Judge Louise Henderson were appointed to the Family Court of Australia, elevating them from their current positions as judges of the Federal Circuit Court of Australia. Judge Williams has been assigned to the Melbourne registry and Judge Henderson has been assigned to the Sydney registry. … Read More

Family Law Case Note – The issuing of passports without a parent’s consent in a family law matter: Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)

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Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)     Summary This case note concerns an application for the issuing of passports for children and the subsequent proposal for international travel for the children.   Cases and referenced Australian Passports Act 2005 s 11 Family Law Act 1975 (Cth) ss 60CC, 61DA, 64B, 67ZC Withers v Russell & … Read More