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

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

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