Family law proceedings often come with financial and emotional burdens for the parties involved. A significant aspect of these cases is determining who bears the legal costs. While the general rule is that each party pays their own legal expenses, there are circumstances where the Court may order one party to cover the other’s costs. Understanding these rules and exceptions is essential for navigating family law disputes effectively. Usually, parties who are involved in family law proceedings pay their own...
Family trusts and rural properties play significant roles in the fabric of family life and business in Cairns, Queensland. Understanding how these elements intersect with family law is essential for those who own rural properties and utilise family trusts. This comprehensive guide explores the intricacies of family trusts, their advantages and drawbacks, and how rural properties are treated under family law in Cairns. Introduction to Family Trusts A family trust, often referred to as a discretionary trust, is a legal...
Cairns, Queensland, known for its stunning natural beauty and vibrant cultural diversity, is home to a growing population of migrant families. As these families settle into their new lives in Australia, they often encounter unique challenges at the intersection of family law and immigration. In this blog post, we will explore the various considerations and legal aspects that migrant families in Cairns should be aware of, offering guidance and insights to help navigate these complex issues. Understanding Family Law in...
Family law and the best interests of the child Family law primarily deals with matters involving separation, parenting and property settlements. A central principal underpinning the spirit of family law is the wellbeing of each child. That is, the best interests of the child or children remain paramount in every matter dealt with by the Court. What is in the best interests of a child will depend on the temperament, desires, relationships, religion and culture of the child, amongst many...
Bankruptcy can have significant effects upon family law proceedings and it is not uncommon for the Federal Circuit and Family Court of Australia to deal with property matters involving a bankrupt estate. Bankruptcy Bankruptcy is the process whereby a person cannot pay their debts when such payments fall due. In Family Law proceedings, when a party becomes bankrupt, control of their property and income transfers to the trustee of the estate. However, some property, such as superannuation, household goods, motor...
In today's digital age, social media has become an integral part of our lives. While it is a powerful tool for communication and self-expression, it can also have unintended consequences, especially in the realm of family law. In this blog, we will explore the intersection of Family Law Cases and social media, and discuss what individuals should be careful to post to protect their interests and well-being. The Impact of Social Media on Family Law Cases Social media platforms like...
In the intricate and often emotionally charged realm of family law, the well-being and best interests of the child must always be at the forefront. Cairns, like many other places, recognises the significance of ensuring children's voices are heard and their rights protected during family law proceedings. Independent Children's Lawyers (ICLs) play a crucial role in this process, acting as advocates for the children involved. In this blog, we will explore the importance of Independent Children's Lawyers in Cairns Family...
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...
Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and Whether you...
Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...
Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...
Dangers of Social Media The rise of social media is impacting various areas of law, particularly family law proceedings. While sharing a social media post may seem harmless, a recent Family Law Review found that 81% of cases accepted social media evidence. There is no denying that an impulsive post can seriously affect the outcome of your matter. The dangers of social media in the context of family law proceedings cannot be overstated. Posts, photos, and comments made in the...
Bankruptcy Act 1996 and Family Law Act 1975 - AustLII and Divorce Loopholes Under the 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 the bankruptcy act 1966 can be orchestrated to appear this way, so as to purposely avoid paying debts. Calls for Divorce Loophole Crackdown: Criminals Skirting the Law The recent case involving Michael Williamson, disgraced former Health Services Union Boss, highlights how...
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 and doings of the other party. As this knowledge ceases quite suddenly, it is not uncommon for one party to try and find out what the other is up to....
Family Law Proceedings in Australia 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 other major issues. If disputes of this nature are unable to be resolved through preliminary mediation or dispute resolution, parents may need to apply for...
The Impact of Criminal Law in Family Law Jurisdiction Criminal Law in family law: 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 the effect of section 61DA(2)(B). Effect of Family Violence Orders on Parenting Orders The Family Court may enforce a Family Violence Order against a parent of...
What's the Solicitor's role in Family law 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 aggressive litigation”. His Honour referenced correspondence that had been sent between the solicitors which did not reflect the appropriate professionalism expected of...
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 by psychologists to determine the children’s views, the party’s capacity regarding parental issues, and any emotional or psychological effects of previous family violence or abuse. The Family Report The family...
