What’s Fair In Love & Law?

25 Feb

What’s Fair In Love & Law?

Determining issues at law When the Court makes a determination on property issues it takes into account the provisions of the Family Law Act 1975 and in particular the approach for the determination of an application under section 79 of the Family Law Act.  The principles are well established by…

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07 Jan

Family Law and Social Media

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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04 Dec

Domestic Violence and spousal visas

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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10 Oct

Criminal Law in Family Law Proceedings

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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23 Sep

Child Views in Parenting Arrangements

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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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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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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09 Jan

Urgent Family Law Applications

Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage…

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