5 Tips for Fostering Greater Peace Within

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Peace within is about our experience of peace, irrespective of what is going on around us. We have capacity to develop and foster our own peace within. Here are 5 tips to foster greater peace within: Tip 1: Awareness to how you feel Bring awareness to the moment by just stopping for moment to notice how you are feeling. Not … Read More

To Separate or not? Honour yourself

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Different relationships have different issues and sometimes those issues change from time to time.  Some issues are resolvable and some pass a boundary that it is a struggle to move on from.   One such issue could be infidelity. Glennon Doyle, New York times best selling author, accepts that there are some people who find safety and lasting forgiveness inside … Read More

Making a Will – Being Prepared for Change

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“Change is the only constant in life”  I made a will about 12 months ago.  I thought it was good to go for about more than five years, but there has been changes that have happened in the last 12 months that have influenced what I would like to happen if I were to pass away (morbid sounding, I know).  … Read More

Provocation or Resolution?

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When people attend mediation, they sometimes see it as another opportunity to prove their points, to win, and to convince the other person of their points of view. Mediation is not so much about focusing on the past and who was right or wrong. Sometimes people can never agree about the past. History books written over the years can hold … Read More

Freedom in Resolution

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   “Peace is not absence of conflict, it is the ability to handle conflict by peaceful means.”  – Ronald Reagan –  Being in conflict can be tiring and exhausting. Remaining in conflict does not have to be a way of life. You can settle disputes, deal with conflict when it arises, and move on. There is much freedom in the resolution of … Read More

Relationship challenges can be gifts

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Any conflict can be challenging, whether that be conflict in the workplace, conflict with family or with friends.  There are opportunities that come with all challenges, although it can be hard to see it when you are going through it. There is often a re-balancing of priorities and a new centre that is found within. This week’s quote is from Oprah … Read More

I am what I choose to become

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We work with people who have found themselves in situations that they may wish to not have been in. What has happened to them is important, but what they become is more important. We can choose how we respond to our circumstances. We can choose what we do and what we become. We share another beautiful quote from Nelson Mandela. … Read More

Relationship Harmony

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Not all relationships progress in the same way or at the same rate. They may be different from the relationships that have been modelled to you or your relationships may be different with different people. It is okay to be different, difference can create harmony. Harmony can be created when we learn how to work together with the differences and … Read More

Feeling Stuck in a difficult situation?

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Feeling stuck in a difficult situation can feel very frustrating or even debilitating. Sometimes, the best thing to do is to just, “chop wood”. Just do something, even if it feels mundane, for example, clean a window sill, sweep the floors. There is a zen quote “Before Enlightenment chop wood, carry water. After enlightenment chop wood, carry water”. To the … Read More

ADR in a post Covid-19 Landscape

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“A Not So Arbitrary Solution: ADR in a Post COVID-19 Landscape“ This article by Claire Naidu & Debra Parker was in the Law Society of the ACT Journal, Winter 2020 Edition. This article is about dispute resolution including mediation during covid-19 and post covid-19 world.

Superannuation, Super Splitting and Family Law Matters

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After separation, when separated couples consider a property settlement, superannuation can be one of the biggest assets that they have. There is no requirement that superannuation be subject to a property settlement by way of adjustment, however you may be considering adjusting yours or your former partner’s superannuation – this is known as a ‘superannuation split’ or ‘splitting orders’. Superannuation … Read More

Divorce property settlement without going to Court

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When people separate, there are a range of different experiences that they can have. Not all separations have to be the long drawn out court battles that last for years and cost hundreds of thousands of dollars in legal fees. “There are options that can help you to avoid going to Court.” – Claire Naidu As you can anticipate, going … Read More

Finalise your Divorce, Move on with your life

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DIVORCE IS NOT FAILURE Finalise your Divorce, Move on with your life “I’ve missed more than 9,000 shots in my career. I’ve lost almost 300 games. Twenty-six times I’ve been trusted to take the game-winning shot…and missed. I’ve failed over, and over and over again in my life. And that is why I succeed.” – Michael Jordan. Finalise your Divorce, … Read More

Summer Solstice: An interesting Legal Tradition

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“Solstice” is from the Latin word solstitium, which translates to “sun stands still.” According to the astronomical definition of the seasons, summer solstice marks the beginning of summer. In the Southern Hemisphere, summer solstice falls today, 22 December 2019, and it is the day with the longest amount of sunlight.Summer solstice has an interesting legal tradition. The Vikings are thought … Read More

The Rights of a Child in Family Law Matters

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State parties (ie countries) that have signed the Convention on the Rights of the Child have committed to ensuring and respecting the rights of each child no matter their background or the background of their parent’s. The rights of children apply to all children and apply without discrimination of any kind, irrespective of their face, colour, sex, language, religion, political … Read More

Parenting Matters

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Parenting matters, in a family law context, are matters involving a child or children. There are a range of different family law matters and not all family law matters involve parenting matters. Parenting matters arise when parties separate and they have children together (including all children whether biological and non-biological children). A child is considered to be a human being … Read More

Best Interests of a Child

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The Best Interests of a Child – Matters involving children from separated or separating parents The “Best interests of a child” is term used all over the world and is considered to be the paramount consideration in matters involving children.  You may have heard of the principle being referred to as the paramount consideration or primary consideration. In all actions … Read More

How to settle a Family Law Matter

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Want to settle your family law matter? Looking to obtain a property settlement or custody arrangements? There are many options available to assist in resolving a family law matter. These options include: “Kitchen table” discussions – where you and your former partner discuss options for settlement together; Four-way or round-table discussions – where you and your former partner discussions options … Read More

Mediation Canberra

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– Family Law Mediation in Canberra, ACT and Australia Claire Naidu & Co offers Mediation services for the Canberra, Queanbeyan and ACT region from our offices in Gungahlin. We also service clients interstate and can assist clients from NSW, Victoria and across Australia and Internationally. If you would like to talk to some and discuss mediation whether that be mediation … Read More

Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018

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From 10 September 2019, personal cross-examination have been banned in family law proceedings in certain circumstances where allegations of family violence have been raised.  Amendments to the  Family Law Act 1975 (Cth) have been made that provide protection to victims of family violence who are cross-examined as part of family law proceedings. What is Personal Cross Examination? Personal cross-examination is where a … Read More

Collaborative Family Law

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“Choosing the right lawyer to help you resolve your family law matter is essential.” – Claire Naidu & Co As Pauline Tesler once said to Mark B. Baer, Esq: “The most significant variable affecting whether a divorce will be managed well or whether it will slide into high conflict litigation is who the parties select as their lawyers. Lawyers who understand … Read More

Collaborative Family Lawyers: Claire Naidu & Co

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Collaborative Family Law is a different way of approaching the resolution process of family law matters.  It aims to promote the resolution of disputes and keep the matter outside of the court system. It is a voluntary process where parties agree to opt into the Collaborative process and keep out of Court. The lawyers sign an agreement whereby they will … Read More

Casenote: Mediation – Whether Federal Judges can act as mediators – Wardman & Ors v Macquarie Bank Limited [2019] FCCA 939 (10 April 2019)

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Keywords:Federal Judges appointed under Chapter III of the Constitution cannot att as mediators – a mediator does not exercise the judicial power of the Commonwealth and mediation is not incidental to judicial power either generally or under s.51(xxxix) of the Constitution – accordingly r.45.13B(2)(a) of the Federal Circuit Court Rules 2001 (Cth) which purportedly authorises the appointment of a Judge of this Court to be a mediator is … Read More

Harmonisation of Family Law Court Rules

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The Family Court of Australia and Federal Circuit Court of Australia have engaged the Honourable Dr Chris Jessup QC to oversee development of unified family law processes   The unification will look to establish a common set of rules, forms and case management in the Family Court of Australia and Federal Circuit Court  of Australia.  A working group  of Judges of … Read More

Family Law News: Appointments to the Family Court of Australia and the Federal Circuit Court of Australia

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Appointments to the Family Court of Australia On Monday 11 March 2019 the Attorney-General the Hon. Christian Porter MP announced the appointments of two new judges to the Family Court of Australia.   Judge Joshua Wilson and Judge Robert Harper have been appointed as and from 11 March 2019, elevating them from their current positions as judges of the Federal … Read More

Family Law News – Appointments to the Family Court of Australia

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On 8 February 2019, the Attorney-General for Australia announced that both Judge Jillian Williams and Judge Louise Henderson were appointed to the Family Court of Australia, elevating them from their current positions as judges of the Federal Circuit Court of Australia. Judge Williams has been assigned to the Melbourne registry and Judge Henderson has been assigned to the Sydney registry. … Read More

Family Law Case Note – The issuing of passports without a parent’s consent in a family law matter: Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)

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Mosman & Taylor Mosman [2018] FamCA 842 (19 October 2018)     Summary This case note concerns an application for the issuing of passports for children and the subsequent proposal for international travel for the children.   Cases and referenced Australian Passports Act 2005 s 11 Family Law Act 1975 (Cth) ss 60CC, 61DA, 64B, 67ZC Withers v Russell & … Read More

Family Law Case Note – Disqualification of Judge Application in a Family Law Parenting Matter: Vine & Vine [2018] FamCAFC 168 (28 August 2018)

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Vine & Vine [2018] FamCAFC 168 (28 August 2018)   Summary This case note concerns a father who appealed against the trial judge’s refusal to disqualify himself from continuing to hear proceedings.  However, the substantive proceedings were transferred to to the Federal Circuit Court of Australia and there were questions regarding whether the appeal was consequently futile. His Honour considered … Read More

Family Law Court Judges: Appointments in the new Family Court

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Chief Justice of the Family Court of Australia The new Chief Justice of the Family Court will be the Honourable William Alstergren, the current Chief Judge of the Federal Circuit Court of Australia and Deputy Chief Justice of the Family Court. Chief Judge Alstergren will retain his commission as Chief Judge of the Federal Circuit Court. Chief Judge Alstergren was … Read More

Family Court Case Note: Matenson [2018] FamCAFC 133

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Family Law Case Note: Reasons for Judgment, Proper Procedure in Interim Hearings, Busy Duty Lists Matenson [2018] FamCAFC 133. Sitting in the appellate jurisdiction of the Family Court of Australia, Murphy J heard the appeal in the matter of Matenson [2018] FamCAFC 133. The appeal was made by a Father in a parenting case.  The appeal was against the primary … Read More

Alternative Dispute Resolution Committee – ACT Law Society

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We are pleased to announce that our principal lawyer, mediator and arbitrator, Claire Naidu, has been invited by the President of the ACT Law Society to join the Alternative Dispute Resolution Committee. With great honour, Ms Naidu has accepted the invitation and is looking forward to contributing to Alternative Dispute Resolution within Australia. The Committee Charter prescribes that the role … Read More

Family Law Matters – The Meaning of Home for Children and Young People After Parental Separation – a new research project

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The Meaning of Home for Children and Young People After Parental Separation – a new research project Melbourne Law School, with Flinders University and the ANU are embarking upon a qualitative research project to “explore the meaning of home for children and young people after parental separation”. The project team (Professor Belinda Felhberg, Associate  Professor Kristin Natalia, Associate Professor Bruce … Read More

Family Court Judge Retires

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Retirement of Chief Judge Thackray The Honourable Justice Stephen Thackray, Chief Judge of the Family Court of Western Australia, has announced his retirement from the Family Court of Western Australia and the Family Court of Australia, effective January 2019. He has provided many years of service to the profession and the judiciary, and we send our best wishes for his retirement.

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