Social Media Feuds: How It Can Affect Your Family Law Matter Almost 11 Million Australians will use Facebook over the course of 2019. Like most people, Facebook is used as a platform to share your thoughts and experiences or listen to others. As such, it is not uncommon to across…
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Monitoring Spouses and Ex-Partners: Skirting a Fine Line During a breakdown of a relationship or marriage, an individual’s life (both personal and public) are usually retracted from the other party. This can be a strange time for some people, as many parties spend years intentionally or unintentionally knowing the whereabouts…
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Family Violence in Property Matters The issue of family violence is current governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm…
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When a marriage or relationship breaks down, a typical disagreement between the parties relate to the arrangements of the children, including where they live, attend school and spend time with. These issues may be further complicated if one parent wishes to relocate as a result of family violence, abuse or…
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The Impact of Criminal Law in the Family Law Jurisdiction Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to…
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How the Child’s View Affects Custody Disputes Before imposing an order, the Court will always consider what parenting arrangements are in the best interests of the child. In determining the best interests of the child, any views expressed by the child will be taken into consideration. During this process, the…
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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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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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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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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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