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Paid Domestic Violence Leave For Employees Paid Domestic Violence Leave: The Fair Work Ombudsman has introduced Family and Domestic Violence leave for employees. Paid family and domestic violence leave was made available for employees of non-small businesses (businesses with over 15 employees) from 1 February 2023. Employees who work for small businesses (less than 15 employees), will be able to gain access to this paid leave from 1 August 2023, however, they can still access the existing 5 days of...

Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift.  See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty...

Joint consent is required for Changing Child's Surname Section 4 of the Family Law Act (Cth) 1975 considers changing a child’s surname to be a major long-term issue in relation to the care, welfare, and development of a child. In Queensland, a child’s surname can only be changed with the consent of both parents listed on the child’s birth certificate. If there is consent by both parents, a joint application to the Registry of Births, Deaths and Marriages can be...

Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...

Independent Children's Lawyer (ICL) RELEVANT LAW The Family Court has inherent jurisdiction and hence power to control its own proceedings including the power to appoint and discharge an ICL. Such power is by its nature discretionary. Specifically, the power to appoint an  Independent Children's Lawyer (ICL) is provided at s 68L of the Family Law Act 1975 (Cth) (“The Act”).   Section 68LA sets out the role of the ICL as follows: 68LA Role of independent children’s lawyer When section...

5 Key Traits of a Female Narcissist Narcissistic personality disorder (NPD) is a mental health condition characterized by a grandiose sense of self-importance, a need for admiration, and a lack of empathy. While both men and women can have NPD, research suggests that female narcissists may use different tactics than their male counterparts to get what they want. Here are five traits of a female narcissist to watch out for in a relationship. Self-absorption One of the hallmarks of NPD...

5 Key Traits of a Male Narcissist Narcissistic Personality Disorder (NPD) is a mental condition characterized by a grandiose sense of self-importance, a need for excessive admiration, and a lack of empathy toward others. Men with NPD can be charming and charismatic, but they can also be emotionally abusive and damaging in relationships. Here are five traits of a male narcissist to watch out for in a relationship. Extreme self-centeredness: A male narcissist's primary focus is on himself, and he...

What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...

PARENTING – Schooling – Where the parents seek that their children attend different schools The relevant authorities set out some of the applicable principles as follows: Schooling disputes are not resolved by the application of a “blanket presumption” or preference for the views held by the residential parent. The Court is required to apply the objects and principles of Part VII of the Family Law Act and to consider the statutory criteria in forming conclusions about the child’s best interests. Section...

Application for undefended proceedings The Court can make Orders where a party has been given an opportunity to participate in the proceedings but fails to do so. Principles The Family Law Rules provide mechanisms that allow the Court to determine a case if a party does not comply with the Rules, Family Law Regulations, or procedural orders. Family Law Rules 1.33 states: Failure to comply with a legislative provision or order (1) If a step is taken after the time...

Legal Costs in family law proceedings: Overview and Legal Framework The law relating to costs in family law proceedings is well settled and set out in detail in the Full Court decision of Parke & The Estate of the Late A Parke. General Presumption and Exceptions An application for costs is governed by s 117 of the Family Law Act 1975 (Cth) (“the Act”). Section 117(1) of the Act sets out the general presumption that each party to the proceedings shall bear their own costs. This...

Breaches of Financial Court Orders and Enforcement Breaches of Financial Court Orders are common, though not ideal in Family Law matters, especially for property matters where large sums of money are to be paid and transfer of property is to be arranged. In general, financial orders require payment of a sum of money or the transfer of property/chattels. When a party refuses or fails to pay the sum or do all necessary for the transferred property, they default their obligations...

Property proceedings - Family Court of Australia - Full Court Barnell & Barnell [2020] FamCAFC 102  This case looked at the principles relevant to the assessment of contributions determining property proceedings pursuant to s 79 of the Family Law Act 1975 Applicable principles It is well-settled by the authority that the assessment of contributions under s 79 of the Act is not a mathematical exercise. Evaluating Disparate Contributions Contribution, either direct or indirect and financial or non-financial, to any of acquisition and/or conservation and/or improvement...

Child Relocation and Parenting Orders In most relocation matters a parent will seek to move to a location that would make it difficult for the child to spend time with the other parent.  Wherever the child lives the Court will endeavour to ensure that the child should spend reasonable time with the other parent. Consideration of Best Interests of the Child The Court must consider the current, and prospective arrangements for the child and whether they would be in the...

Setting aside a Binding Financial Agreement (“BFA”) by reason of undue influence and unconscionability. This was thoroughly canvassed in the Appeal, Beroni & Corelli [2021] FamCAFC 9 (10 February 2021) Communication Between the Parties, BFA: The parties had difficulty with communication; the husband was not able to speak the wife’s language, and the wife had limited English this allowed the parties to have some communication. This hindered effective communication between the parties, BFA. The husband told the wife that he...

Partial Property Distribution Sections 79 and 80(1)(h) of the Family Law Act confer power on the Court to make orders for an interim property settlement including for litigation. Funding The relevant legal principles that apply are as follows: (1) Section 79 confers a discrete power to make orders for property settlement and the Court may exercise that power through a succession of orders until the power is exhausted or until a final order dealing with all the known property of...

Matrimonial Property Concepts And Principles Section 114(3) of the Family Law Act relevantly provides that: A court exercising jurisdiction under this Act in proceedings other than proceedings to which subsection (1) applies may grant an injunction, by interlocutory order or otherwise (including an injunction in aid of the enforcement of a decree), in any case in which it appears to the court to be just or convenient to do so and either unconditionally or upon such terms and conditions as...

Understanding Defacto Relationships Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in determining whether it is one of a couple living together on a genuine domestic basis. Section 4AA(2) sets out some of the circumstances to be considered, including “whether a sexual relationship exists”, and Section 4AA(3) provides in effect that no particular finding is determinative. Each case falls to...

INTERIM SPOUSAL MAINTENANCE The law – concepts and principles Section 74(1) of the Family Law Act empowers the Court to “make such order as it considers proper for the provision of maintenance” in accordance with Pt VIII of the Act. That primary requirement is set out in s 72(1) of the Act, as follows: (1) A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so,...

CONSTRUCTIVE TRUST. Their Relevance in Family Law  A trust arises by operation of law where it would be unconscionable for a person who holds an asset to deny the beneficial interest of another person. Viewed in its modern context, the constructive trust can properly be described as a remedial interest which equity imposes regardless of actual or presumed agreement or intention (and subsequently protects) to preclude the retention or assertion of beneficial ownership of the property to the extent that...