Merging Family Courts and Early Senate Reports The current structure of the Family Court and Federal Circuit have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be…
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Property Valuation in Family Law Proceedings Commonly when two parties separate or divorce, the family home (also referred to as the matrimonial home) is typically the most valuable asset. As with most separations, one party moves out of the matrimonial home following the break down of the relationship, leaving questions…
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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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What is the joint parliamentary committee inquiry about? The Prime Minister issued a media release on 17 September 2019 announcing the Government will undertake a Joint Parliamentary Committee of both the House and the Senate to conduct an inquiry into the Family Law system. The inquiry is to be led…
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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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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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