16 Sep

Solicitors Role in Family Proceedings

The role of solicitors in Family Law proceedings may not be known the parties before commencing legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”.…

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09 Sep

Vaccinations and Family Law

Family Court and Vaccinations Whilst many couples have long, happy relationships, there are bound to be one or more serious points of disagreement when it comes to raising children. These issues become more relevant in circumstances where the couple has separated and have different views on how best to raise…

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30 Aug

Property and Sentimental Value

Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult, and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the…

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17 Aug

Party Expenditure and Wastage

Parties Wastage Following Separation Usually during cases of divorce or separation proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other…

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03 Aug

Parental Conflict and Effect on Children

Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view safety and security of their homes, as they often…

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25 Jul

Parental Alienation- The Increasing Threat to Family

As modern family structures have become increasing complex in today’s society, so too has the threat of parental alienation. Parental alienation occurs when one parent influences the child against the other parent. This usually happens when the both parties are seeing the children on a regular basis but are separated…

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11 Jul

Merging of the Federal Circuit Court and Family Court

On 30 May 2018 the Government proposed to restructure the existing structure of the Federal Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will…

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02 Jul

Engagement Ring Property Rights

Who Keeps the Ring after Separation? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has claim to this item can be contentious, with many different opinions based on tradition, morals and conventions. Where parties…

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25 Jun

Relationships, Age and Criminal Law

The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old student (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child…

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12 Jun

Restorative Justice in Queensland

Restorative justice is the principle of diverting offenders to rehabilitative services such as pre-court mediation, community conferencing between the offender/victim and engaging with specialised programs to reform criminal behaviour. The principles of restorative justice are reflected within a multitude of different legal instruments, such as the Youth Justice Act 1992…

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