New Family Law Court filing fees

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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

Urgent Family Law Assistance – Christmas and New Year

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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

New Judges appointed to the Family Court of Australia

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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

Recent Family Law Cases

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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

Judicial Misbehaviour – New Laws for complaints against Federal Judges

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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

New Judge appointed to the High Court of Australia

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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.  

AUSTRALIAN CONSULTATION PAPER ON THE ROYAL COMMISSION INTO CHILD ABUSE

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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

Press Release: Lack of Childcare driving factor in Entrepreneurship

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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 – Supervised Contact and Handover

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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

Freedom of Information Act Review

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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

Family Law Courts Filing Fees

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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

New Family Law Decisions in the Federal Magistrates Court

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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

Canberra Human Rights Lawyer named top ACT Business Woman

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 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

Acting Solicitor-General of Australia Appointed

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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

Family law property orders – change of name of property owner

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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

International Surrogacy Arrangements

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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 Case now in High Court – perhaps should not have been in Family Court to begin with? High Court will determine jurisdiction

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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

We help people create families, move in or out of relationships

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We are passionate about helping helping people to create their families (through adoption, surrogacy, or parenting orders or agreements) by  overcoming the legal hurdles.  We also help people with all the legal issues involved in entering or exiting relationships (like defacto living, marriage, separation, and divorce). At Claire Naidu & Co, Lawyers and Mediators, we offer specialist legal advice in … Read More