What do I need to consider before commencing Court Proceedings against my Ex in the Federal Circuit and Family Court of Australia

29 Nov
2021

What do I need to consider before commencing Court Proceedings against my Ex in the Federal Circuit and Family Court of Australia

From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings.  The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway…

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20 Nov
2021

Unacceptable risk: Appeal against parenting orders & Allegations of sexual abuse

In a recent Appeal of a decision of the Family Court of Australia, the Appellant Court reviewed orders between the parties in respect of their two children under Pt VII of the Family Law Act 1975. The orders made provision for the children to live with the mother and for her to have…

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08 Nov
2021

What Are Considered The Best Interests of the Child?

In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is…

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18 Oct
2021

Federal Circuit and Family Court Merger

On 1 September 2021 the Family Court of Australia merged with the Federal Circuit Court of Australia. The new Court referred to as the Federal Circuit and Family Court of Australia has a primary aim to finalise 90% of property or parenting matters by way of providing a final judgment…

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11 Oct
2021

Limited or Binding Child Support Agreement – Which Should You Choose?

Binding Child Support Agreement or Limited Child Support Agreement? When parents reach an agreement in relation to child support, there are two options available to formalise that agreement.  Those two options are: A Binding Child Support Agreement; and A Limited Child Support Agreement.  What is the Binding Child Support Agreement?…

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13 Sep
2021

Why Smart People Agree On Binding Financial Agreements Before Settling Down

What is Binding Financial Agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalising property settlement and spousal maintenance issues outside of the Court. Binding Financial Agreements can be entered into: Before marriage; During marriage; After divorce;  Before cohabitation; or During cohabitation.…

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06 Sep
2021

Drug Testing Parents in the Federal Circuit and Family Court of Australia

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on…

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30 Aug
2021

Was Imprisonment Fair Punishment For Breach of a Family Court Order

Punishment For Breach of a Family Court Order In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully…

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17 Aug
2021

How Britney Spears Is Taking Control & Gaining Capacity Without Being Toxic?

Britney Spears is making international headlines yet again, but this time there’s no new album being released or a shot gun Las Vegas wedding. Ms Spears actively continues to strongly oppose the conservatorship which granted her Father control over her finances, financial and personal decisions that has been in place…

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09 Aug
2021

8 Critical Reasons To Update Your Will Sooner Rather Than Later

It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key.  So, why should you update your Will? There are a number of reasons why this important task…

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