Family Law Case Note – Disqualification of Judge Application in a Family Law Parenting Matter: Vine & Vine [2018] FamCAFC 168 (28 August 2018)

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Vine & Vine [2018] FamCAFC 168 (28 August 2018)   Summary This case note concerns a father who appealed against the trial judge’s refusal to disqualify himself from continuing to hear proceedings.  However, the substantive proceedings were transferred to to the Federal Circuit Court of Australia and there were questions regarding whether the appeal was consequently futile. His Honour considered … Read More

ACT Law Society Council 2018 – 2019

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Congratulations to the members elected to the 2018-19 Law Society Council. The new Council of the Law Society of the ACT was announced at the Society’s AGM on Thursday 27 September 2018. At a formal lunch following the AGM, newly-elected President Chris Donohue expressed his appreciation and thank to the outgoing members of Council, including Sarah Avery, who is now … Read More

Family Law Case Note: Woodby-Chatterjee & Chatterjee [2018] FamCAFC 182 (19 September 2018)

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Woodby-Chatterjee & Chatterjee [2018] FamCAFC 182 (19 September 2018)   This was an Application in an Appeal, heard by the Appellate jurisdiction of the Family Court of Australia heard in Sydney on 6 September 2018 before Justice Aldridge.  The judgment was delivered on 19 September 2018.   The Applicant sought that the respondent provide a copy of the transcript of … Read More

Family Law Court Judges: Appointments in the new Family Court

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Chief Justice of the Family Court of Australia The new Chief Justice of the Family Court will be the Honourable William Alstergren, the current Chief Judge of the Federal Circuit Court of Australia and Deputy Chief Justice of the Family Court. Chief Judge Alstergren will retain his commission as Chief Judge of the Federal Circuit Court. Chief Judge Alstergren was … Read More

Family Court Case Note: Matenson [2018] FamCAFC 133

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Family Law Case Note: Reasons for Judgment, Proper Procedure in Interim Hearings, Busy Duty Lists Matenson [2018] FamCAFC 133. Sitting in the appellate jurisdiction of the Family Court of Australia, Murphy J heard the appeal in the matter of Matenson [2018] FamCAFC 133. The appeal was made by a Father in a parenting case.  The appeal was against the primary … Read More

Alternative Dispute Resolution Committee – ACT Law Society

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We are pleased to announce that our principal lawyer, mediator and arbitrator, Claire Naidu, has been invited by the President of the ACT Law Society to join the Alternative Dispute Resolution Committee. With great honour, Ms Naidu has accepted the invitation and is looking forward to contributing to Alternative Dispute Resolution within Australia. The Committee Charter prescribes that the role … Read More

Family Law Matters – The Meaning of Home for Children and Young People After Parental Separation – a new research project

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The Meaning of Home for Children and Young People After Parental Separation – a new research project Melbourne Law School, with Flinders University and the ANU are embarking upon a qualitative research project to “explore the meaning of home for children and young people after parental separation”. The project team (Professor Belinda Felhberg, Associate  Professor Kristin Natalia, Associate Professor Bruce … Read More

Family Court Judge Retires

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Retirement of Chief Judge Thackray The Honourable Justice Stephen Thackray, Chief Judge of the Family Court of Western Australia, has announced his retirement from the Family Court of Western Australia and the Family Court of Australia, effective January 2019. He has provided many years of service to the profession and the judiciary, and we send our best wishes for his retirement.

Domestic Violence Crisis Service (DVCS) Support Group Canberra – Moving On

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MOVING ON   The Domestic Violence Crisis Service (DVCS) which provides support to people subjected to violence or abuse regardless of socioeconomic backgrounds, immigration status, gender, age, sexual orientation, and all religions, cultural and ethnic backgrounds. DVCS provides around the clock assistance including: Attendance with ACT Policing at, or just after, incidents to support those affected; Telephone crisis counselling and … Read More

Same Sex Marriage and your Will : Legal Matters

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Same Sex Marriage and your Will With the recent same sex marriage reforms 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 get advice as getting married could … Read More

Family Law – What to do If……?

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Not sure of your next move in your family law matter?   What do I do if….? I have received a letter from a lawyer? I have been served court documents? My ex wants to discuss our family law matters?   Received a letter from another lawyer? Receiving a letter from a lawyer, getting court documents or having difficult conversations … Read More

Father’s Rights

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Father’s rights The Family Law Act focuses on parental obligations and children’s rights. When parties are having discussions about parenting arrangements, they are invited to consider what type of arrangements (for example who the child will live with and spend time with) will be in the best interests of the child and takes into account the obligations and responsibilities of a … Read More

Children’s rights – Does what my child want matter in family custody cases

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Children’s rights- Does what my child want matter? Does my child have a voice? Does what my child want matter? How can my child be heard?   If you are going through a separation or thinking about separating and considering parenting arrangements, the above questions (along with many others!) might be going through your mind. Separation can be challenging, and … Read More

International Travel, Passports and Family Law

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International Travel, Passports and Family Law If you do not have orders in place relating to international travel and/or you are concerned about a flight risk issue, that your child may travel internationally and not return, you should seek legal advice.   If you have immediate concerns, you may need to make an application to court for your child to be … Read More

Child custody & Contact & Access

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Child custody & Contact & Access You may have heard people say or ask you: Who has custody of the child? What are the custody arrangements? What access do you have to your child? What are the contact arrangements? Child custody and contact are terms often used to describe care arrangements for children. Although people often use ‘custody’, ‘contact’ and … Read More

What is family law?

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 What is family law?   Family law is an area of the law which, simply put, deals with families and all things family related including what happens with property and children after separation. Family law is often associated with divorce however it also covers a range of issues including parenting and property matters for parties that have or have not … Read More

Family Law Court Fees

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The fees payable to the Family Court and Federal Circuit Court are changing from 1 July 2018. The new fees are higher than the older fees. The table below shows the current fees payable and the new fees from 1 July. Family Court of Australia FILING FEES Current Fees New Fees from 1 July Application for consent orders $160 $165 Application … Read More

How long does it take to divorce? – How to get a divorce

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Separating and going through with  a divorce is usually one of the hardest decisions for couples to make. And once the decision has been made to separate, the questions is asked how long is it going to take to divorce? So, how long does a divorce take? There are different processes that are involved and the time it takes  depends … Read More

Consent Orders – Family Law, Divorce, Custody & Property Settlements

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Consent Orders Claire Naidu & Co encourages our clients to reach agreement outside of court. One concern parties may have in reaching agreement outside of the traditional court process, for example at mediation or by negotiation, is how they can make their agreement legally enforceable. We can assist parties who reach agreement to formalise their agreement by way of Consent … Read More

Adoption including Adult Adoption

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Adoption including Adult Adoption Adoption is a formal process where the person assumes the parenting of another even though they are not biologically their parent. Adoption is common for step parents wishing to obtain some legal recognition of their relationship with the person. In the ACT, the Adoption Act 1993 (ACT) (“the Act”) governs the adoption process including providing the … Read More

Divorce

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Divorce If you were married and have been separated from your former partner for at least 12 months you may make an Application for Divorce. If both parties agree you may also make a joint application. The Family Court has recently updated it systems and all Applications for Divorce are now processed online. In Australia there is a “no fault” … Read More

Family Matters

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The next edition of Family Matters is now out and it is the 100th edition! Family Matters No. 100, 2018 Exploring issues affecting Australian families for 37 years Family Matters is celebrating 100 issues of Family Matters by looking back on some of the important research completed by the Institute over the years and looking forward – presenting some current … Read More

Global Day of Parents

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HAPPY PARENTS DAY!   The Global Day of Parents is observed on the 1st of June.  The Day was proclaimed by the United Nations General Assembly  and honours parents throughout the world. The Global Day provides an opportunity to appreciate all parents in all parts of the world for their selfless commitment to children and their lifelong sacrifice towards nurturing this … Read More

Family Law Court Reforms in Australia: Breaking News

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The following is overview of the structural reform of the Family Law Courts in Australia.  The fact sheet has been prepared  by the Australian Government Attorney-General’s Department.   Structural reform of the federal courts Fact Sheet 1 – Overview of reforms – Prepared by the Australian Government Attorney-General’s Department On 1 January 2019, a new Federal Circuit and Family Court … Read More

Separation

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Separation If you are thinking of separating, have recently separated or have separated and not formalised your property and/or parenting arrangements you should consider obtaining legal advice in relation to your rights and obligations. Although there is no legal requirement to formalise a property settlement or parenting agreement you should consider the current and/or future impact that not having formal … Read More

Federal Circuit Court – Family Law – Recent Decisions – May 2018

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Hoskins & Hoskins [2017] FCCA 1125 Published date: 18 May 2018 FAMILY LAW – Property – long marriage – litigation guardian for applicant – applicant’s inheritance – contributions of parties – monies from applicant’s father – applicant’s abuse of drugs and alcohol over years – lengthy period since separation – s.75(2) considerations equal – orders just and equitable. Plater & … Read More

Family dispute resolution and section 60I certificates

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Family dispute resolution and section 60I certificates In the absence of any research into actions taken by parties after receiving a certificate, a research project was initiated in 2016 to explore what happens to clients when they exit the FDR process. Co-funded by the Attorney-General’s Department and conducted by research teams from the Australian National University and Canberra University, the … Read More

Costs of Children

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There are new estimates of the costs of children This article summarises new research on the costs of children conducted by the Social Policy Research Centre at the University of New South Wales. It discusses different approaches to estimating costs, summarises the Research Centre’s study on different household types, and presents current estimates for low paid and unemployed couples with and … Read More

Australian Child Protection

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Child Protection is a global challenge. “For societies to flourish socially and economically, all children must have the opportunity to reach their physical, psychological, intellectual and social potential.  For our most vulnerable children, including those at risk of abuse or neglect, we have a special duty of care.”  – Professor Dorothy Scott, 2009 The Commonwealth Government of Australia provides one of … Read More

International Day of Living Together in Peace – 16 May

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Living in Peace               The 16th of May is the United Nations Declared day for Living Together in Peace. Living Together in Peace aims to encourage the continued and increasing efforts and activities on the part of civil society organisations throughout the world in advancing a culture of peace, as envisaged in the Declaration and Programme … Read More

International Day of Families

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The United Nations recognises the family as the basic unit of society.  The 15th May is the United Nations Declared Day for Families. The International Day of Families provides an opportunity to promote awareness of issues relating to families and to increase knowledge of the social, economic and demographic processes affecting them.   The 2018 Theme is “Families and inclusive … Read More

ACTSMART Business Recyclers – Claire Naidu & Co

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Claire Naidu & Co, Lawyers and Mediators are proud to be re-accredited this year as ACTsmart business recyclers! We are recognised as a business that is actively recycling and being environmentally responsible. We welcomes you to consider whether your worksplace is an accredited recycler.  If not, and you want more information on how the Actsmart Business Recycling Program can work … Read More

Family Law Amendment (2018 Measures No. 1) Rules 2018

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Family Law Amendment (2018 Measures No. 1) Rules 2018 The Family Law Amendment (2018 Measures No. 1) Rules 2018 introduced a number of significant procedural changes that came into effect from 1 March 2018.  As a result, there is a number of new forms as well as amendments to existing forms. Summary of key changes Below is a summary of … Read More

Decisions of the Family Court of Australia – March 2018

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Below are the names and and some basic notes of the Family Court of Australia decisions regarding family law matters. Lowin & Lowin [2018] FamCAFC 55 23 Mar 2018 NOTE: The period for seeking special leave to appeal to the High Court has not expired. FAMILY LAW – APPEAL – Application to extend time to appeal – Applicant seeks to … Read More