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

Divorce Mediation

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DIVORCE MEDIATION What is Divorce Mediation? Mediation is a form of dispute resolution. It is an option if you do not want to go to court but want to sort out your divorce matters (including property and child custody matters). It is also an option if you are already in court but do not want to keep going through court … Read More

Bankruptcy and Family Law

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Bankruptcy and Family Law The general principle in family law is that the debts incurred by one of both of the parties to a relationship should be included in the overall asset and liability pool at time of separation. However, if you are involved in circumstances where either you or your partner are facing bankruptcy, we recommend you obtain legal … Read More

Family Law: What do I have to Disclose?

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What do I have to Disclose in my Family Law Matter? In family law, there is a duty of disclosure to provide to the other party in a matter and to the Court, information about your financial circumstances and any documents that are relevant to the matter. Full and frank disclosure often requires you to provide all the following types … Read More

Gungahlin Family Lawyers & Mediators: We have moved!

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Claire Naidu & Co have been operating for a number of years now.  Our business has operated from other locations and they were the right locations for the business based on the stage of the business and they have all been part of the journey to our dream location.  Claire Naidu & Co knew that there would be a new … Read More

Family Law and Inheritance Money

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What happens to Inheritance Money? One question that often comes up in family law matters is: What happens if I received an inheritance during the relationship or post separation? We are often asked if you can “get it back” when dividing the assets. The short answer is maybe. It depends on a number of factors including: 1. When you received … Read More

New Family Law Court Judge in Canberra

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The Commonwealth Attorney-General’s had announced that Mr Shane Gill has been appointed to the Family Court of Australia. Claire Naidu & Co, Lawyers and Mediators, welcomes the announcement. We understand that Mr Gill graduated with a Bachelor of Laws from the Australian National University in 1992 and was admitted to practice in the Supreme Court of the Australian Capital Territory … Read More

Mediation for Kesha and Kemosabe Records?

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Could Mediation be the answer for Kesha and Kemosabe Records? Many of you may have heard about Kesha’s law suit against her producer Dr Luke’s Kemosabe Records. As a brief background, Kesha filed a lawsuit against the company in October 2014. She sought that her contract with the company be terminated on the basis that continuing to work there would … Read More

There is more than one way to Divorce

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There is more than way to divorce. As there are different relationships, so too are there different divorces. You can choose which type of divorce you would like to have. If the divorce process is turning out pretty bad, sometimes it can be easy to blame the other party, but think of the saying “It takes two to tango”. You … Read More

What to do if you are separating…

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Feeling overwhelmed? When people separate, people often say to us “I don’t know what to do next” or “I don’t know where to start.” One thing that most people don’t think of is their will. Many people either do not have wills or currently have a will that leaves everything to their spouse. Separations can be stressful enough but it … Read More

Superannuation, super splitting, superannuation orders, divorce and Family Law

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Many people come to us with questions about superannuation such as : 1. How do I figure out how much superannuation she/he has? 2. How do I read his/her superannuation statement? 3. What amount of superannuation am I entitled to? 4. Can I access my superannuation before retirement? Superannuation are very important and often overlooked as people often say “well, … Read More

Subpoenas and FOI requests

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Need assistance in getting the information ? If you do not have the information you need, we can assist you to make requests for documents and information, including requesting the issue of a subpoena and Freedom of Information Requests (FOI). You have rights under the Freedom of Information Act 1982 (FOI Act) and other FOI acts to obtain access to … Read More

Law of Attraction Lawyer or Law of Attraction Mediator

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Are you looking for a Law of Attraction Lawyer or a Law of Attraction Mediator?   If so, let us know about your requirements and we can discuss with you to see whether there is alignment with your requirements.   To contact us, click here for our contact details.   Law of Attraction Lawyer Law of Attraction Mediator

Marriages Up, Divorces Down

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MARRIAGES The crude marriage rate in Australia increased from 5.1% to 5.2% in the years 2013 to 2014. Interestingly, civil celebrants have overseen the majority of marriages and this has been the case since about 1999 in Australia. The current median age at marriage is 31.5 years for males and 29.6 years for females.   DIVORCES The crude divorce rate … Read More

Marriages Up and Divorces Down

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  MARRIAGES The crude marriage rate in Australia increased from 5.1 to 5.2% in the years 2013 to 2014. Interestingly, civil celebrants have overseen the majority of marriages and this has been the case since about 1999 in Australia. The current median age at marriage is 31.5 years for males and 29.6 years for females.   DIVORCES The crude divorce … Read More

Have you or your partner been talking about divorce or separation but you don’t want to separate? Relationship mediation

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Relationship Mediation Have you and your partner been talking about separating or getting a divorce but you don’t feel ready to separate and you think there it could be worth one last shot at trying to work things out, even if just for (…….because of the time you have already invested in the relationship, because of the kids, because of each … Read More

What if your child doesn’t want to see their other parent? Gungahlin Family Lawyers & Canberra Family Lawyers & Mediators – Claire Naidu & Co discuss this issue

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Written by:  Claire Naidu & Co, Lawyers and tadiators (Gungahlin Family Lawyers and Canberra Family Lawyers)     We have clients ask us what to do if their child starts to say that they do not want to see their mum or that they do not want to see their dad. What can I do if my child does not want to … Read More