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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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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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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The role of solicitors in Family Law proceedings may not be known the parties before commencing 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”.…
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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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Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view safety and security of their homes, as they often…
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As modern family structures have become increasing complex in today’s society, so too has the threat of parental alienation. Parental alienation occurs when one parent influences the child against the other parent. This usually happens when the both parties are seeing the children on a regular basis but are separated…
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