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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02 May

Contesting A Deceased Estate

If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not…

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29 Apr

Who Gets Animals in Divorce Proceedings?

What Happens to Pets and Animals During Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision…

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23 Apr

Mental Health Conditions and Parenting Arrangements

How Do Mental Health Conditions Affect Family Law Proceedings? If you have been diagnosed with a mental health condition, this can impact both child welfare/parenting arrangements in addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (provided there is no children of…

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10 Apr

Retaining A Meaningful Relationship with Both Parents

Last year a Court dispute between Brad Pitt and Angelina Jolie resulted with the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have…

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03 Apr

Sperm, Genetic Donors and Family Law

Sperm Donors and Family Law Although sperm donations have historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or…

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28 Mar

The Family Report and Expert Evidence in Proceedings

Expert evidence including family reports provide the Court with material from an independent viewpoint, which both assesses and highlights particular issues with each unique case. The most common form of expert evidence in family law proceedings is family reports, which are undertaken by psychologists to determine the children’s views, the…

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