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

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.

Father’s Rights

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Father’s rights The Family Law Act focuses on parental obligations and children’s rights. When parties are having discussions about parenting arrangements, they are invited to consider what type of arrangements (for example who the child will live with and spend time with) will be in the best interests of the child and takes into account the obligations and responsibilities of a … Read More

Children’s rights – Does what my child want matter in family custody cases

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Children’s rights- Does what my child want matter? Does my child have a voice? Does what my child want matter? How can my child be heard?   If you are going through a separation or thinking about separating and considering parenting arrangements, the above questions (along with many others!) might be going through your mind. Separation can be challenging, and … Read More

International Travel, Passports and Family Law

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International Travel, Passports and Family Law If you do not have orders in place relating to international travel and/or you are concerned about a flight risk issue, that your child may travel internationally and not return, you should seek legal advice.   If you have immediate concerns, you may need to make an application to court for your child to be … Read More

Family Law Court Fees

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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

How long does it take to divorce? – How to get a divorce

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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

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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

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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

Family Matters

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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

Family Law Court Reforms in Australia: Breaking News

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The following is overview of the structural reform of the Family Law Courts in Australia.  The fact sheet has been prepared  by the Australian Government Attorney-General’s Department.   Structural reform of the federal courts Fact Sheet 1 – Overview of reforms – Prepared by the Australian Government Attorney-General’s Department On 1 January 2019, a new Federal Circuit and Family Court … Read More

Separation

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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

Australian Child Protection

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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

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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 & Self-Represented Litigants

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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

Recent Family Law Cases

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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?

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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

Am I Entitled to a Property Settlement? Family Law & Divorce Issues

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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

Are Legal Fees Added Back to the Pool of Assets in Family Law Matters?

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“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

Family Court and Federal Circuit Court Filing Fee Payment Options

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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

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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

Repartnering in Family Law Matters – the New Partner

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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

Relationships issues at Christmas & Family Law

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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

An Unhappy Marriage

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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

New Family Law Court Judge in Canberra

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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

What to do if you are separating…

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Feeling overwhelmed? When people separate, people often say to us “I don’t know what to do next” or “I don’t know where to start.” One thing that most people don’t think of is their will. Many people either do not have wills or currently have a will that leaves everything to their spouse. Separations can be stressful enough but it … Read More

Superannuation, super splitting, superannuation orders, divorce and Family Law

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Many people come to us with questions about superannuation such as : 1. How do I figure out how much superannuation she/he has? 2. How do I read his/her superannuation statement? 3. What amount of superannuation am I entitled to? 4. Can I access my superannuation before retirement? Superannuation are very important and often overlooked as people often say “well, … Read More

Law of Attraction Lawyer or Law of Attraction Mediator

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Are you looking for a Law of Attraction Lawyer or a Law of Attraction Mediator?   If so, let us know about your requirements and we can discuss with you to see whether there is alignment with your requirements.   To contact us, click here for our contact details.   Law of Attraction Lawyer Law of Attraction Mediator

Marriages Up, Divorces Down

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MARRIAGES The crude marriage rate in Australia increased from 5.1% to 5.2% in the years 2013 to 2014. Interestingly, civil celebrants have overseen the majority of marriages and this has been the case since about 1999 in Australia. The current median age at marriage is 31.5 years for males and 29.6 years for females.   DIVORCES The crude divorce rate … Read More

What I learnt from Sir Bob Geldof

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You may remember him fromThe Boomtown Rats, he starred as “Pink” in Pink Floyd’s film, Pink Floyd – The Wall, he co-founded the charity group Band Aid and later Live Aid and the Live 8 concerts. Raising more than $150 million for on the ground relief work in Africa, he also received a knighthood and is the recipient of the … Read More

Can my Mental Health Diagnosis be used Against me?

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Can my Mental Health Diagnosis be used Against me? A common allegations made in family law proceedings is that one or both of the parents suffer from a mental health condition. In many circumstances, the existence of a mental health diagnosis may not impact the proceedings at all if the mental health illness does not have an impact on the … Read More

Can I do my property family law matter myself? DIY Divorce

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Can I do my property family law matter myself? DIY Divorce  There are a number of ways that you can DIY your family law matter and you can do as much or as little as you would like and engage us to help you with the parts you don’t want to do. We can outline what you need to do and … Read More