Same Sex Marriage and your Will : Legal Matters

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Same Sex Marriage and your Will With the recent same sex marriage reforms in Australia, your family relationships may have changed, for example you may have recently married in Australia or an international marriage may now be legally recognised in Australia. For couples in the ACT with a current Will, it is important to get advice as getting married could … Read More

Family Law – What to do If……?

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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

Child custody & Contact & Access

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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?

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 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

Consent Orders – Family Law, Divorce, Custody & Property Settlements

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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

Global Day of Parents

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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 dispute resolution and section 60I certificates

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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

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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

International Day of Living Together in Peace – 16 May

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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

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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

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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

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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

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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

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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

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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

Divorce Mediation – Greater Satisfaction with Results?

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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

Celebrity Divorce News: Heston Blumenthal Divorce

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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

Case Note: Knox & Knox [2017] FamCAFC 93 (18 May 2017) – Availability of Transcripts in Family Law Appeal

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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

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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

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

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

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

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

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

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