Bankruptcy Act – AustLII and Divorce Loopholes

14 Jan
2020

Bankruptcy Act – AustLII and Divorce Loopholes

Bankruptcy Act 1996 and Family Law Act 1975 - AustLII and Divorce Loopholes Under bankruptcy act 1966 law, creditors are unable to claim against a person’s estate if that person has declared bankruptcy. However, there are certain situations where bankruptcy act can be orchestrated to appear this way, so as…

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21 Dec
2019

Monitoring Spouses and Privacy

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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25 Oct
2019

Psychologist Involvement in Family Law Proceedings

When a marriage or relationship breaks down, a typical disagreement between the parties relates 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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16 Sep
2019

Solicitors Role in Family Proceedings

The role of solicitors in Family Law proceedings may not be known to the parties before commencing the 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…

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23 Apr
2019

Mental Health Conditions and Parenting Arrangements in Family Law Proceedings?

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 addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (family law proceedings)  (provided there are no…

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28 Mar
2019

Family Report and Expert Evidence in Proceedings

Family Report and Expert Evidence in Proceedings Expert evidence including a family report provides 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…

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