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

AdminNews

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

AdminNews

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

Family Law – What to do If……?

AdminUncategorized

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

AdminNews

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

Child custody & Contact & Access

AdminUncategorized

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?

AdminUncategorized

 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

AdminNews

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

AdminNews

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

AdminUncategorized

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

AdminNews

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

AdminNews

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

AdminNews

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

AdminUncategorized

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

AdminNews

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

AdminNews

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

AdminCase Note

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

AdminUncategorized

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

AdminUncategorized

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

AdminNews

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

AdminUncategorized

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

AdminUncategorized

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

AdminUncategorized

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

AdminUncategorized

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

AdminUncategorized

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

Same Sex Couples can now Divorce

AdminUncategorized

As a consequence of the introduction of same sex marriage legislation, same sex couples who were married overseas are also now legally about to dissolve their marriage and obtain a divorce. Previously, those same sex couples who were married overseas were not able to divorce in Australia as their marriage was not recognised in Australia.  Now, same sex couples are … Read More

Interview with former Family Court Chief Justice

AdminUncategorized

Alastair Nicholson was a former Chief Justice of the Family Court of Australia.  He was interviewed by the ABC.  A link to the video interview is below.   Matt Wordsworth speaks with former Family Court Chief Justice Alastair Nicholson about the government’s announcement of a comprehensive review of the family law system.   http://www.abc.net.au/news/2017-09-28/interview:-alastair-nicholson,-former-family-court/8999010

New Judges appointed to Federal Circuit Court of Australia

AdminNews

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?

AdminUncategorized

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

AdminNews

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

AdminUncategorized

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

AdminCase Note

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

AdminCase Note

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

AdminUncategorized

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

AdminUncategorized

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

AdminNews

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