Category Archive

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

The fees payable to the Family Court and Federal Circuit Court are changing from 1 July 2018. The new fees are higher than the older fees. The table below shows the current fees payable and the new fees from 1 July. Family Court of Australia FILING FEES Current Fees New Fees from 1 July Application for consent orders $160 $165 Application … Read More

Separating and going through with  a divorce is usually one of the hardest decisions for couples to make. And once the decision has been made to separate, the questions is asked how long is it going to take to divorce? So, how long does a divorce take? There are different processes that are involved and the time it takes  depends … Read More

Adoption including Adult Adoption Adoption is a formal process where the person assumes the parenting of another even though they are not biologically their parent. Adoption is common for step parents wishing to obtain some legal recognition of their relationship with the person. In the ACT, the Adoption Act 1993 (ACT) (“the Act”) governs the adoption process including providing the … Read More

Divorce If you were married and have been separated from your former partner for at least 12 months you may make an Application for Divorce. If both parties agree you may also make a joint application. The Family Court has recently updated it systems and all Applications for Divorce are now processed online. In Australia there is a “no fault” … Read More

The next edition of Family Matters is now out and it is the 100th edition! Family Matters No. 100, 2018 Exploring issues affecting Australian families for 37 years Family Matters is celebrating 100 issues of Family Matters by looking back on some of the important research completed by the Institute over the years and looking forward – presenting some current … Read More

Separation If you are thinking of separating, have recently separated or have separated and not formalised your property and/or parenting arrangements you should consider obtaining legal advice in relation to your rights and obligations. Although there is no legal requirement to formalise a property settlement or parenting agreement you should consider the current and/or future impact that not having formal … Read More

Child Protection is a global challenge. “For societies to flourish socially and economically, all children must have the opportunity to reach their physical, psychological, intellectual and social potential.  For our most vulnerable children, including those at risk of abuse or neglect, we have a special duty of care.”  – Professor Dorothy Scott, 2009 The Commonwealth Government of Australia provides one of … Read More

New Judges appointed to Federal Circuit Court of Australia The Attorney-General for Australia announced, on 8 September 2017, the appointment of two new judges to the Federal Circuit Court of Australia. The two new Judges in the Federal Circuit Court of Australia are: Ms Jane Costigan to the Newcastle Registry; and Ms Patrizia Mercuri to the Melbourne Registry. Ms Costigan will commence … Read More

Procedural Fairness in the Courtroom & Self-Represented Litigants   On 25 January 2017, Justice Rangiah made a speech to the Federal Circuit Court Conference in Brisbane called, “Procedural Fairness in the Courtroom”. He raised the issue of the necessity for adaptation of our procedures and practices to take into account the rising tide of unrepresented litigants. He considers that the … Read More

Family Court of Australia – Full Court Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) Financial – where the parties reached final consent orders in relation to the just and equitable settlement of their property – where by those consent orders the parties were to receive an equal division of their property – where to effect that settlement the … Read More

Prenuptial Agreements Can Prenuptial Agreements be Set Aside? Prenuptial agreements (also known as Binding Financial Agreements) can be set aside if they meet the grounds to set aside the agreement under the Family Law Act 1975. There are many pros and cons of entering into a Binding Financial Agreement prior to a marriage (often colloquially referred to as a “pre-nup agreement”). … Read More

Family Law Property Settlements Am I Entitled to a Property Settlement? The mere fact that you have been in a relationship with someone does not necessarily entitle you to a family law property settlement. There a number of factors the Family Law Courts must consider, including but not limited to, the factors outlined in the 4 step process (see our … Read More

“Add Back” of Legal Fees? Are Legal Fees Added Back to the Pool of Assets in Family Law Matters? It is a matter of discretion for the trial judge whether to notionally add‐ back property into the asset pool – Chorn & Hopkins [2004] FamCA 633 at [56]. Notional property will only be added back in exceptional circumstances. This was … Read More

From 1 March 2017 the courts no longer accept cheque payments. The Family Court of Australia and Federal Circuit Court of Australia have been working towards electronic payments for some time.  After the introduction of cashless registries in July 2015, the next step is phasing out cheque (and money order) payments.  From 1 March 2017, the courts will no longer accept cheque payments. … Read More

Hormone or Sex Change Treatment for Transgender Children If your transgender child seeks to commence irreversible hormone treatment (estrogen or testosterone) or other sex change operations, permission may be required from the Family Court before commencing those treatments. At the time of writing this article, due to the legislation currently in place, parents do not have the authority to consent to … Read More

Involvement by a New Partner in a Family Law Matter Many of our clients ask about what they can do (if anything) about their ex partner’s new relationship. Examples of issues that arise include: denigration by the new partner the new partner having a very different parenting style the partner allowing the children to do or say things that you … Read More

Asset ownership in family law matters Many people ask if they are protected if all of their assets are in their name. If you are in a relationship with someone, considering living with your partner, are currently or in a relationship or have separated, it is important to legal advice to know where you stand legally and to protect your … Read More

Relationships issues at Christmas Christmas can be a challenging time of year whether or not you are separated.  There can be the liaising with extended family members, sorting out where Christmas will be held, who will be coming and who will not be coming, when meal times will be and what should be served, what presents to get and whether … Read More

I recently read a quote about how divorce was better than staying in an unhappy marriage.  This may be the case, although it is not necessarily so.  Times in our lives are not always happy and while unhappiness is not always wanted, it provides an opportunity for a person, or in the case of a marriage, to learn and grow … Read More

50/50 House Division? Separating assets of a marriage or defacto relationship If we are married and want to separate, do we get 50/50 each for the house? This is a common questions that is asked by people when going through the separation process. There is no one single answer and each case should be assessed on a individual basis. For … Read More

The Commonwealth Attorney-General’s had announced that Mr Shane Gill has been appointed to the Family Court of Australia. Claire Naidu & Co, Lawyers and Mediators, welcomes the announcement. We understand that Mr Gill graduated with a Bachelor of Laws from the Australian National University in 1992 and was admitted to practice in the Supreme Court of the Australian Capital Territory … Read More

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