The Blog

Can I do my property family law matter myself? DIY Divorce  There are a number of ways that you can DIY your family law matter and you can do as much or as little as you would like and engage us to help you with the parts you don’t want to do. We can outline what you need to do and … Read More

Relocation and Family Law Matters Have you gotten a new job? Do you need to move to live closer to family? One issue that frequently arises for our clients is the issue of relocation. Following separation, parents are often able to determine care arrangements amongst themselves but then significant conflict can arise when one or both parents propose to relocate … Read More

Don’t forget it is Mental Health Week! Claire Naidu & Co has listed some of the activities and events that are on this week in the Australian Capital Territory. For more information about these events and more can be located on the Mental Health Week website, http://www.mentalhealthweekact.org/   Monday October 5 Walk to the Top of Oz Belconnen Community Service … Read More

ACT Young Lawyer of the Year 29 August 2015 Kavina Mistry was presented with the 2015 ACT Young Lawyer of the Year Award by the chair of the judging panel, the Hon Justice John Burns of the ACT Supreme Court, at the Law Society’s Annual Dinner on Friday 28 August. The Award recognises the professional achievements and community involvement of … Read More

Claire Naidu & Co would like to thank all those who visited our stall at the Canberra Baby and Beyond Expo on the weekend. Don’t forget that the Will special for 25% off remains valid until 30 September 2015 (for all Wills finalised, signed and completed by 30 November 2015). If you are still thinking about making your Will – now is … Read More

Source:  Tom McIlroy – Canberra Times New laws passed by the Legislative Assembly on Thursday will stop private car park operators from being able to issue fines to Canberra drivers by accessing private information through legal discovery. Justice Minister Shane Rattenbury​ said the changes to road transport laws came as a commercial car park operator sought to use an ongoing court case to collect registration information for several hundred drivers, in order to issue … Read More

Federal Court decision on divorce fee hike challenge due next week, Government faces repaying more than $1m By Matt Wordsworth The Federal Government is faced with the prospect of having to pay back potentially more than $1 million in divorce application fees in a case being heard in the Federal Court. A decision is expected next week on whether the Federal … Read More

Family Law Court filing fees From 1 July 2015, there will be an increase in the filing fees of a number of documents.             – There will be a $350 increase to the full divorce fee (to $1,195) in the Federal Circuit Court to achieve parity with the Family Court, with no changes to the reduced divorce fee in the Federal Circuit … Read More

Interim Domestic Violence Order to better protect victims Released 12/05/2015 It is anticipated that there will be changes to interim domestic violence order legislation in the Australian Capital Territory. The ACT government has announced that they intend to introduce amendments to interim domestic violence orders and change the definition of family violence to ensure victims receive greater support.  The changes are … Read More

Recent Family Law Cases in the Federal Circuit Court of Australia Voss &Horner [2015] FCCA 340 – 25/02/2015 Family Law – Parenting – international relocation for three year posting. Wallace & Rankin [2015] FCCA 107 – 13/02/2015 Family Law – De facto relationship– parties lived together for 13 years and have 2 children – respondent being the father of the … Read More

Forced marriage  A forced marriage is when a person gets married without freely and fully consenting, because they have been coerced, threatened or deceived (As defined by the Commonwealth Government of Australia – www.ag.gov.au) Males can be victims of forced marriage, however, the most reported victims are females and usually young women and girls making it a form of gender-based … Read More

The Commonwealth Attorney-General has announced that cuts to legal aid, which were due to take effect from 1 July 2015, have been withdrawn. On 26 March 2015, the Attorney-General, Senator the Hon George Brandis QC and the Minister Assisting the Prime Minster for Women, Senator the Hon Michaelia Cash announced that the Federal Government would be providing certainty for the … Read More

News: Changes to the Family Law Courts websites As you may be aware the family law courts website – www.familylawcourts.gov.au , is in the process of being decommissioned. Claire Naidu & Co understand that there is currently a major project being undertaken to upgrade the Family Court (www.familycourt.gov.au) and Federal Circuit Court (www.federalcircuitcourt.gov.au) websites.  The court has advised that it expects that … Read More

PRIVATE SCHOOL FEES, CHILD SUPPORT AND FAMILY LAW MATTERS   You might be asking yourself : Can I force my ex to pay for private school fees; or Can my ex force me to pay private school fees? There is no simple yes or no answer to those questions. Orders for payment of school fees, medical expenses and clothing expenses are payments … Read More

Be informed and aware if divorce is looming – Australian Financial Review PUBLISHED: 11 Oct 2014 02:40:00 | UPDATED: 11 Oct 2014 04:59:17PUBLISHED: 11 Oct 2014 PRINT EDITION: 11 Oct 2014 By: Bina Brown Living under the same roof as someone you plan to divorce can’t be easy. But there are plenty of couples prepared to put up with a … Read More

The ACT Attorney-General, Simon Corbell announced on 9 January 2015, that the ACT Government intends to introduce a Bill later this year regarding a scheme to have criminal convictions erased from a person’s records for those convicted of consensual homosexual acts in the ACT. Until November 1976 consensual homosexual sex was illegal in the ACT. Offences a person may have … Read More

Family Law Tips in the Event of a Family Breakdown 1. Do not rely  on advice from your spouse, work colleagues or friends. 2. Obtain urgent legal advice. 3. Consult a specialist.  Many lawyers do not specialise in family law. 4. Respond quickly when served with court documents. 5. Taking preventative action can save legal costs. 6. Take steps to … Read More

Appointment of Acting Judge for Eastman proceedings The appointment of the Judge for the Eastman proceedings has now been made – Acting Judge the Hon Anthony Whealy QC has been appointed to the ACT Supreme Court. The Eastman proceedings are well known in the ACT Community. In September 2014, the ACT’s chief judge disqualified herself from hearing a bail hearing over David Eastman’s bail conditions.  … Read More

Family Law & Child Protection Matters in Canberra The Institute of Child Protection Studies is celebrating their 10th anniversary. The Institute is a joint initiative between the Australian Catholic University and the Community Services Directorate (ACT Government). The Institute of Child Protection Studies aims to enhance the well-being of children, young people and families through quality research, evaluation, training and community education. It is … Read More

Commercial surrogacy in Thailand Although commercial surrogacy had been banned by Thailand’s Medical Council, some fertility clinics still offered the service. Now, Thailand’s parliament, which is dominated by the military, have overwhelmingly voted to ban surrogacy in Thailand except in cases involving a relative. The draft bill has  passed its first reading on Friday with 177 votes.  The draft bill provides that violators … Read More

The Registry Opening Hours for the December 2014/January 2015 Holiday period The Court has advised of restricted registry hours during the December/January holiday period are as follows: –  Albury, Alice Springs, Cairns, Canberra, Dandenong, Darwin, Dubbo, Hobart, Launceston, Lismore, Newcastle, Parramatta, Rockhampton, Townsville, Wollongong and the National Support Office will be closed from Thursday 25 December 2014 and reopen on Wednesday 7 … Read More

Family Law – Electronic Filing of Family Law Documents The Family Court of Australia has taken its next step towards a fully electronic court file.  As of 1 November 2014, there will be new capacity for electronic filing with the introduction of the Application for Consent Orders. Claire Naidu & Co, Lawyers and Mediators, are part of a group of … Read More