New Judges appointed to Federal Circuit Court of Australia

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New Judges appointed to Federal Circuit Court of Australia The Attorney-General for Australia announced, on 8 September 2017, the appointment of two new judges to the Federal Circuit Court of Australia. The two new Judges in the Federal Circuit Court of Australia are: Ms Jane Costigan to the Newcastle Registry; and Ms Patrizia Mercuri to the Melbourne Registry. Ms Costigan will commence … Read More

Divorce Mediation – Greater Satisfaction with Results?

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There are many couples who use divorce mediation (family dispute resolution mediation) and they are more satisfied with their results than going through the court system. Every relationship and marriage is unique. There are different ways in which people separate and divorce. In some marriages, people are able to resolve their matters more quickly, while others take much longer – … Read More

Procedural Fairness & Self-Represented Litigants

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Procedural Fairness in the Courtroom & Self-Represented Litigants   On 25 January 2017, Justice Rangiah made a speech to the Federal Circuit Court Conference in Brisbane called, “Procedural Fairness in the Courtroom”. He raised the issue of the necessity for adaptation of our procedures and practices to take into account the rising tide of unrepresented litigants. He considers that the … Read More

Celebrity Divorce News: Heston Blumenthal Divorce

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Celebrity Divorce News: Heston Blumenthal   When I think of the chef Heston Blumenthal I think not only of cooking but also science. Heston is magical in his cooking and creates an amazing marriage of both cooking and science. Heston has publically admitted that his acclaimed restaurant The Fat Duck  (one of the world’s most famous restaurants offering weird and wonderful … Read More

Family Law Case Note: Jabbar & Gade [2017] FamCAFC 106 (7 June 2017): Family Law Appeal, Application to Adduce further Evidence, and family law cost applications

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Family Law Case Note: Jabbar & Gade [2017] FamCAFC 106 (7 June 2017)   Summary This matter involved four appeals to the Full Court of the Family Court being: An appeal against parenting orders; An appeal against section 68B injunctions; An appeal against dismissal of contravention application; .  The father had applied to the Federal Circuit Court for a copy … Read More

Family Law Case Note: Pawley & Pawley [2017] FamCAFC 103 (2 June 2017) – Appeal, Cross-Appeal, Application for Expedition of Hearing

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Family Law Case Note: Pawley & Pawley [2017] FamCAFC 103 (2 June 2017) Summary This family law parenting matter involved an Application in an Appeal for expedition of the hearing of the Appeal. The Appeal related to an appeal against interim family law parenting orders and against a dismissal of a stay application of interim family law parenting orders. The … Read More

Case Note: Knox & Knox [2017] FamCAFC 93 (18 May 2017) – Availability of Transcripts in Family Law Appeal

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Case Note: Knox & Knox [2017] FamCAFC 93 (18 May 2017)   Summary This matter involved an appeal to the Full Court of the Family Court.  The father had applied to the Federal Circuit Court for a copy of the transcript of completed parenting proceedings.  His application had been refused and the father appealed that determination. The Full Court of … Read More

Celebrity Divorce

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Celebrity Divorce Divorce can be a difficult process, even at the best of times when parties are amicable. Celebrity divorces can be even more challenging as both parties are in the public eye. They are watched more carefully and can be scrutinised by the public more than the usual separating couple. Most people don’t know about the property settlements of … Read More

Recent Family Law Cases

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Family Court of Australia – Full Court Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) Financial – where the parties reached final consent orders in relation to the just and equitable settlement of their property – where by those consent orders the parties were to receive an equal division of their property – where to effect that settlement the … Read More

Case Note: Bebbington & Bebbington [2017] FamCAFC 31 – power to make property orders and leave to appeal

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Case Note: Bebbington & Bebbington [2017] FamCAFC 31 (8 March 2017) This appeal case involves the contention of whether or not the court was was functus officio and had no power to make those orders – being orders varying the final property order. The Court considered whether the orders were machinery or consequential in nature or whether they affected the … Read More

Case Note: Rankin & Rankin [2017] FamCAFC 29

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Rankin & Rankin [2017] FamCAFC 29 (2 March 2017)   This was an appeal relating to order made in relation to property, lawyers costs, spousal maintenance, child support, school expenses and superannuation. The issues included: where personal responsibility for debts are conceded and excluded from the table of assets and liabilities order for payment to the lawyers prior to the property … Read More

Extension of Time – to File Appeal Books in Family Law Matters

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Extension of Time – to File Appeal Books The following are two cases of the Full Court of the Family Court involving applications for reinstatement in circumstances where the appellant failed to file a draft appeal index. Both the decisions were handed down in February 2017. They both refer to rule 22.13 of the Family Law Rules which apply if … Read More

Threatening to run up legal bills/legal fees for the other party; Costs ordered; Conduct during the proceedings of the respondent considered – Family Law Case Note: Bilson & Geer (Costs) [2017] FamCAFC 7

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Case Note: Bilson & Geer (Costs) [2017] FamCAFC 7 (6 February 2017) Threatening to run up legal bills/legal fees for the other party; Costs ordered and conduct during the proceeds of the respondent considered; FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – Where the applicant seeks her costs of an abandoned appeal – Where the respondent’s … Read More

Case Note: Grella & Jamieson [2017] FamCAFC 21 – International Relocation and Family Law Parenting Orders

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Case Note: Grella & Jamieson [2017] FamCAFC 21 (20 February 2017)   This is a case involving an application for international relocation.  The mother sought to relocate the nearly five year old child to Europe. The trial judge did not permit the relocation and the mother appealed those orders and contended that the consideration of s 60CC(2)(a) and the benefit … Read More

Cannabis / Marijuana Use / Drug Use in Parenting Matters; Evidence of the Family Consultant; Evidence of the Family Report ; Delay – Family Law Case Note: Barrett & Barrett and Anor [2017] FamCAFC 4

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Case Note: Barrett & Barrett and Anor [2017] FamCAFC 4 (3 February 2017) Matters addressed include: Cannabis / Marijuana Use ; Evidence of the Family Consultant; Evidence of the Family Report ; Delay in Judgment of itself is not basis for appeal; not incumbent on a trial judge to address every argument or refer to every matter raised by the … Read More

Prenuptial Agreements – Can Prenuptial Agreements be Set Aside?

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Prenuptial Agreements Can Prenuptial Agreements be Set Aside? Prenuptial agreements (also known as Binding Financial Agreements) can be set aside if they meet the grounds to set aside the agreement under the Family Law Act 1975. There are many pros and cons of entering into a Binding Financial Agreement prior to a marriage (often colloquially referred to as a “pre-nup agreement”). … Read More

Am I Entitled to a Property Settlement? Family Law & Divorce Issues

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Family Law Property Settlements Am I Entitled to a Property Settlement? The mere fact that you have been in a relationship with someone does not necessarily entitle you to a family law property settlement. There a number of factors the Family Law Courts must consider, including but not limited to, the factors outlined in the 4 step process (see our … Read More

Are Legal Fees Added Back to the Pool of Assets in Family Law Matters?

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“Add Back” of Legal Fees? Are Legal Fees Added Back to the Pool of Assets in Family Law Matters? It is a matter of discretion for the trial judge whether to notionally add‐ back property into the asset pool – Chorn & Hopkins [2004] FamCA 633 at [56]. Notional property will only be added back in exceptional circumstances. This was … Read More

Just and Equitable Property Division in Family Law Matters

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Just and Equitable Property Division in Family Law Matters   In Teal & Teal [2010] FamCAFC 120 at [70], the Full Court said: By implication however s 79(2) requires if the Court is to make an order under s 79(1) altering the interests of the parties to the marriage in property, such an order must be just and equitable. This … Read More

Wastage Arguments, Taxation Liabilities and Post separation Mortgage payments in Property Cases – Case Note: Charles & Charles

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Wastage Arguments, Taxation Liabilities and Post separation Mortgage payments in Property Cases  Case Note:  Charles & Charles [2017] FamCAFC 3 (12 January 2017) FAMILY LAW – APPEAL – PROPERTY – WASTAGE – COSTS Whether the primary judge erred her determination: Wastage arguments by including and/or not including certain items in the non-superannuation asset pool in her overall assessment of contributions in … Read More

Family Court and Federal Circuit Court Filing Fee Payment Options

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From 1 March 2017 the courts no longer accept cheque payments. The Family Court of Australia and Federal Circuit Court of Australia have been working towards electronic payments for some time.  After the introduction of cashless registries in July 2015, the next step is phasing out cheque (and money order) payments.  From 1 March 2017, the courts will no longer accept cheque payments. … Read More

Unacceptable Risk

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Unacceptable Risk We are often asked by parents “When does a Court order that a parent spend no time with a child?” In all parenting matters, the Court must consider the best interest of the child or children. This includes a consideration of a myriad of things including the considerations as listed under section 60CC of the Family Law Act … Read More

Hormone or Sex Change Treatment for Transgender Children

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Hormone or Sex Change Treatment for Transgender Children If your transgender child seeks to commence irreversible hormone treatment (estrogen or testosterone) or other sex change operations, permission may be required from the Family Court before commencing those treatments. At the time of writing this article, due to the legislation currently in place, parents do not have the authority to consent to … Read More

Why Doesn’t my Ex-Partner Feel the Same Way as Me?

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Why Doesn’t my Ex-Partner Feel the Same Way as Me? Commonly, when a relationship breaks down, the two parties to the relationship will have a different reactions depending upon which stage they are at. For example, one party may be angry and sad about the break up and unable to discuss how to move forward, while the other may appear relieved … Read More

International Relocation Case Note: Morrall & Olmos [2017] FamCAFC 2

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Case Note:   Morrall & Olmos [2017] FamCAFC 2 (12 January 2017) FAMILY LAW – APPEAL – CHILDREN – RELOCATION – Father appeals against final parenting orders which permit the mother to relocate the child to Germany FAMILY LAW – COSTS – Both appeals dismissed.  Appellant wholly unsuccessful.  Order for costs considered to impede the father’s ability to meet travel … Read More

Why choose us?

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Divorce Lawyers Why choose Claire Naidu & Co, Lawyers and Mediators to be your divorce / family law lawyers? We have an excellent reputation. We have a strong track record. We are experienced in and specialise in divorce and family law matters including custody disputes and property settlements. We can put on our mediator hats and resolve disputes. We can put on our … Read More

I have a Will, so now what?

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I have a Will, so now what? Once you have signed a will important things to consider include where to store your will, who to tell about your will and when to update your will. Here are some helpful points to remember. Where to store you will? Once your will is signed it is important to store your will in … Read More

Repartnering in Family Law Matters – the New Partner

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Involvement by a New Partner in a Family Law Matter Many of our clients ask about what they can do (if anything) about their ex partner’s new relationship. Examples of issues that arise include: denigration by the new partner the new partner having a very different parenting style the partner allowing the children to do or say things that you … Read More

Relationships issues at Christmas & Family Law

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Relationships issues at Christmas Christmas can be a challenging time of year whether or not you are separated.  There can be the liaising with extended family members, sorting out where Christmas will be held, who will be coming and who will not be coming, when meal times will be and what should be served, what presents to get and whether … Read More

School Holiday and Family Law Contact

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School Holiday Contact Orders School holidays are a great time to spend more time with your children then you otherwise normally would.  Holidays arrangements can be agreed between those with parental responsibility (usually the parents) and no agreement can be reached, lawyers, mediators, and the courts can assist the parties. We recommend sorting out school holiday arrangements as far as … Read More

Wills and Family Law

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Making a Will There are many life events in which you should consider updating your Will or doing a Will (if you have never done one before).  Two of these life events include marriage and separation or divorce. If you have recently married or recently separated, you should consider preparing a new Will as your old one may be no … Read More

An Unhappy Marriage

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I recently read a quote about how divorce was better than staying in an unhappy marriage.  This may be the case, although it is not necessarily so.  Times in our lives are not always happy and while unhappiness is not always wanted, it provides an opportunity for a person, or in the case of a marriage, to learn and grow … Read More

50/50 House Division? Separating assets of a marriage or defacto relationship

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50/50 House Division? Separating assets of a marriage or defacto relationship If we are married and want to separate, do we get 50/50 each for the house? This is a common questions that is asked by people when going through the separation process. There is no one single answer and each case should be assessed on a individual basis. For … Read More

Not happy with your current lawyer?

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Choosing a lawyer can be a difficult process – particularly if you do not know anyone in the industry or if you do not know anyone who has been through a divorce or family law matter and you have no one you trust to ask for a good referral. So how do you know that you made the right decision? Think … Read More

A Happy Change – Progressing in your Family Law / Divorce Matter

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Want to progress your family law / divorce matter? Even if you are going through a divorce, property settlement or child custody negotiations, you can move forward and progress your matter.  This can sometimes be a little daunting, especially if there has been long periods of inactivity and times when you feel that nothing is happening.  You can move forward … Read More

Family Dispute Resolution and Mediation – What is it?

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Family Dispute Resolution (FDR) Family Dispute Resolution (FDR) is a form of dispute resolution that relates to family law matters.  FDR is a term used for services that assist couples who are affected by divorce and separation to work out their family matters.  Family Dispute Resolution can assist parties to agree on family law matters that are in dispute and … Read More

DIY Consent Orders – how to do it yourself

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DIY Consent Orders Are you separating and wanting to do your own consent orders? It is possible to DIY consent orders in divorce / family law matters matters (for property settlements and/or parenting / custody matters)  and you can file the documents yourself in the Family Law Courts (which refers to the family law courts being both the Federal Circuit … Read More