The Blog

How to help your solicitor The ACT Law Society provides very good information on how to help your solicitor – there are various things you can do to help your solicitor to help you.  The Law Society provides a list as follows: Give full and clear instructions To represent your interests successfully your solicitor needs information. Being candid about your … Read More

On 20 June 2013, the Same-Sex Marriage Bill 2013 SA was introduced in the South Australian Parliament. If the Bill is passed, it will enable same-sex adults who marry in South Australia to be registered with the Births, Deaths and Marriage Office and receive a marriage certificate. South Australia would then become the first Australian state to legalise same-sex marriage.

What is Family Violence / Domestic Violence? Various laws attempt to define Family Violence or Domestic Violence. The Family Law Act 1975 (Cth) The Australian Family Law Act 1975 (Cth) has a definition of Family Violence for the purposes of the Family Law Act.  Section 4AB says: (1)  For the purposes of this Act, family violence means violent, threatening or … Read More

What is a section 60I Certificate? Section 60I Certificates refers certificates made pursuant to section 60I of the Family Law Act 1975 (Cth).  The object of section 60I is to ensure that people who have a custody or parenting matter make a genuine effort to resolve that dispute by family dispute resolution before they apply for an order from the … Read More

Legal News Family Law Council Family Law Council re-appointments were announced by Parliamentary Secretary Shayne Neumann.  Professor Helen Rhoades was re-appointed as Chairperson, and Judge Kevin Lapthorn, Dr Rae Kaspiew and Mr Jeremy Culshaw were re-appointed as members of the Family Law Council.  Council operations and appointments are made in accordance with Section 115 of the Family Law Act 1975. … Read More

Family and domestic violence – New smart phone app for people who experience family and domestic violence A new smart phone app for people who are experiencing domestic violence and family violence  was launched today by NSW Minister for Family and Community Services Pru Goward . Ms Goward said. “This app is the first of its kind in the world … Read More

Personal Protection Orders In the Australian Capital Territory, Personal Protection Orders are dealt with under the Domestic Violence and Protection Orders Act 2008 (ACT).  The principle for deciding an application for a personal protection order is the need to ensure that the aggrieved person is protected from personal violence.  The principles for deciding a workplace order is the need to … Read More

Former Family Lawyer, Alex Harland, has been appointed Judge of the Federal Circuit Court of Australia. Judge Harland commenced at the Darwin registry on 15 April 2013. Judge Harland was formerly a Legal Aid NSW family lawyer.  She joined Legal Aid NSW in 2011, coinciding with the launch of the Early Intervention Unit’s expansion to the Sydney Registry of the … Read More

The Federal Magistrates Court has now been renamed the Federal Circuit Court of Australia.  The new name came into effect on 12 April 2013.  The jurisdiction of the Court still includes family law and child support and the areas of general federal law. The Federal Circuit Court of Australia Legislation Amendment Act 2012 amends the Federal Magistrates Act 1999 and … Read More

The Family Law Court in Parramatta commenced a mediation pilot in 2011.  Due to the success of the program, the mediation program is being extended to the Sydney Family Court Registry from today, 2 April 2013. The mediation service is available in family law matters involving children’s issues, where at least one party is legally aided or an independent children’s … Read More

In a case cited as HAYES & YEO [2012] FMCAfam 1502 (delivered in December 2012), the mother sought the change of the children’s surname to accord with her surname.  The children in this case were 17 and 16.  Both of the boys attended with their parents for a child inclusive conference for the purposes of the preparation of a family … Read More

New Family Law Court fees were introduced on 1 January 2013.  As part of the new fees, a subpoena fee is required when request that the Court issue a subpoena.  In some circumstances, an application for exemption can be made, but the situation with Independent Children’s Lawyers were not so clear, and they have been charged the fee (currently $50 … Read More

The High Court is the highest court in the Australian judicial system. Today, High Court Justice Patrick Keane was welcomed to the bench at a swearing-in ceremony at the seat of the High Court is in Canberra. Justice Keane previously served as Chief Justice of the Federal Court of Australia from 2010.  Prior to his appointment as Chief Justice of … Read More

A Forced marriage is a marriage in which one or both of the parties is married without his or her consent or against his or her will. There are new laws that criminalise forced marriage and these new laws were passed by the Australian Parliament on 27 February 2013. There will now be a maximum penalty of seven years jail … Read More

The Australian Attorney-General’s Department has released a new resource for use by families, legal professionals, practitioners, services and clients who have an interest in the family law system. Family Law TermFinder is a plain language translation tool of the most common terminology used in family law and can be found online at http://lawtermfinder.mq.edu.au. Information provided by Family Law TermFinder is … Read More

Japan is yet to ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction, however Prime Minister Shinzo Abe says that he intends for Japan to join the international Hague Convention on child-custody and abduction.   Prime Minister Abe’s Liberal Democratic Party (LDP) have approved bills to ratify the Hague Convention on the Civil Aspects of International … Read More

The 1980 Hague Convention on the Civil Aspects of International Child Abduction facilitates the return of abducted children to the country where they normally live so that issues of residence and contact can be resolved by the courts of that country. Three additional countries have just become signatories which will assist in the resolution of international parental child abduction and … Read More

Family Law Case: Same-sex relationship and orders permitting two women to be name as the parents on the birth certificate   In a recent case published by the Federal Magistrates Court of Australia, Dent & Rees [2012] FMCAfam 1303, two parents who had been in a same sex de facto relationship for 17 years were in a family law dispute.  … Read More

  In a recently published family law case, Carden & Carden [2012] FMCAfam 1463 (17 December 2012), the Federal Magistrates Court of Australia made orders allocating sole parental responsibility to the mother and provided for no contact orders to the father. The father did not attend court and orders were made in his absence. There were issues relating to alcohol, … Read More

Marriage, Families & Separation The Family Law Courts of Australia publish a brochure regarding Marriage, Families and Separation.  The brochure provides information for those considering, or affected by separation or divorce.  It provides general information and is not  legal advice. If you have a legal issue, you should contact a lawyer before making a decision. If you click on the … Read More

The following fees apply in the Family Law Courts from 1 January 2013 The Fees are set by Federal Government regulations – Family Law (Fees) Regulations 2012. Family Court of Australia $145 Application for consent orders $1135 Application for declaration as to validity/nullity $305 Initiating application (family law) $500* Initiating application (children and financial orders) $305 Response to initiating application … Read More

If you require urgent family law related legal assistance over the Christmas and New Year period,  contact us.   We are available for urgent enquiries.  Click here for our contact details.   We can help you with: Recovery Applications Location Applications Divorce and Separation Property disputes and complex property litigation Consent Orders Parenting Arrangements and Parenting Plans Custody disputes and … Read More

Judges of the Family Court of Australia are appointed by the Governor-General of the Commonwealth of Australia under section 22 of the Family Law Act 1975 (Cth). Judges usually appointed from the legal professional, although an appointment can be made whereby reason of training, experience and personality, the person is a suitable person to deal with matters of family law.  … Read More

There are a number of recent family law cases published by the Federal Magistrates Court.  A few of these family law cases are included below.   Salway & Hackley & Anor [2012] FMCAfam 1209 FAMILY LAW – Parenting dispute over child under two years’ old – mother Balinese and in Australia on temporary visa – possible final return to Bali … Read More

The Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 and the Courts Legislation Amendment (Judicial Complaints) Bill 2012  were passed today. The Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 provides a mechanism to assist the Parliament’s consideration of the removal of a judge from office under paragraph 72(ii) of the Constitution.  It provides details about investigations of Commissions under Part … Read More

The Honourable Patrick Keane has been appointed Australia’s new Justice of the High Court of Australia. The Honourable Patrick Keane is currently the Chief Justice of the Federal Court of Australia and his appointment to the High Court will follow the retirement of the Honourable Justice John Dyson Heydon AC on 1 March 2013.  

The Australian Government has today released a consultation paper to inform the Terms of Reference for the Royal Commission into Institutional Responses to Child Sexual Abuse. The consultation paper seeks views in relation to the scope of the terms of reference, the form of the Royal Commission and the timetable and reporting arrangements. Interested parties may provide written feedback on … Read More

Lack of Childcare driving factor in Entrepreneurship The new women’s movement Canberra, 16 November 2012:  Women are turning to more flexible arrangements when they return to work after pregnancy. An Australian Bureau of Statistics (ABS) report released today on Pregnancy and Employment Transitions found that of the women who permanently left the job they had during pregnancy, almost 49% left … Read More

Children’s Contact Centres typically provide services to separated families in the form of supervised contact and handovers.  They are not used in all family law matters, however they can be of great assistance in certain family law matters.  Parents or carers can agree to engage a Children’s Contact Centre or it can be ordered by the court. The Attorney – … Read More

There will be an independent review of the Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010.  The review will look at the effectiveness of the reforms and the costs of FOI requests.  In 2011-12, more than 22,000 FOI requests were determined at an average cost of $ 1876 per request. Dr Hawke will commence the review … Read More

Please note: The following family law fees are applicable only to 31 December 2012.  For fees applicable from 1 January 2013 click here. Federal Magistrates Court of Australia $577 Application for divorce $255 Initiating Application (Family Law) $255 Response $466 Setting down for hearing fee (defended matter) $466 Daily hearing fee (for each hearing day, excluding the first hearing day) … Read More

Cloake & Cloake [2012] FMCAfam 1113 FAMILY LAW – Parenting – wishes of children – attitude of the parents to each other’s involvement with children – issue of parents’ communication with each other – alleged family violence. FAMILY LAW – Property – 23-year marriage – consideration of parties’ disclosure – consideration of add backs to the asset pool – future … Read More

There has been much media coverage in relation to the children embroiled in the Italian/Australian International Custody battle Original Orders It started in June last year when the Family Court of Australia ordered the return of four children to Italy.  The children had lived in Italy for all of their lives until they were brought to Australia and retained here. … Read More

 Dr Helen Watchirs, the ACT Human Rights and Discrimination Commissioner, has been named the 2012 Telstra ACT Business  Woman of the Year. The ACT was the first jurisdiction in Australia to enact a Human Rights Act, which provides an explicit statutory basis for respecting, protecting and promoting civil and political rights.  The ACT Human Rights Commission was established in 2006 … Read More

Justin Gleeson SC has been appointed the Acting Solicitor-General of Australia for a period of six months and will commence on 15 October 2012 when the current Solicitor-General Stephen Gageler will succeed Justice William Gummow on the High Court in October. Mr Gleeson was admitted as a barrister of the High Court of Australia in 1989 and  was appointed Senior … Read More

In the recent family law case of Wunderly & Waugh, [1] Family Law orders were made for the husband to transfer to the Wife his interest in a property.  There were difficulties for the wife in securing the property in her sole name.  This was partly because: –          the husband had left Australia and appeared to have returned to China … Read More

Family Law Relocation Case – Appeal to Full Court of the Family Court of Australia In a recent family law relocation case reported under the pseudonym Gaffney & Gaffney, the father appealed relocation orders relating to his two children (approximately 8 and 5). In the first instance, the Federal Magistrates Court permitted the mother to relocate from a small coastal … Read More

There is a growing number of people going overseas to have their baby through commercial surrogacy arrangements,[1] however the protections are not the same as those afforded in Australia and there are concerns regarding the illegality of entering commercial surrogacy arrangements, whether locally in Australia or overseas. The Attorney-General has charged the Family Law Council with examining how issues of … Read More

Family Law Appeal In the September 2012 sittings, the High Court of Australia, the Court will hear a family law appeal from the Full Court of the Family Court in the decision of Stanford & Stanford [2012] FamCAFC 1 (19 January 2012). This case is particularly relevant to contemporary Australian society with the formation and blending of families.  This was … Read More

Gay marriage in Australia?   Is gay marriage permitted? The Commonwealth of Australia and all the states and territories do not permit gay marriage.   In the Australian Capital Territory (ACT), the Legislative Assembly passed a Civil Unions Bill late on 22 August 2012.   Below is a discussion of ACT civil unions. What is a civil union? In the ACT, a … Read More