Understanding the Court’s Power and How to Protect Yourself One of the most common assumptions in family law is that everyone pays their own legal costs. While this is often true, it is not absolute. In many circumstances, the Family Court has the power to order one party to pay some or all of the other party’s legal costs and those orders can be significant. Understanding when costs may be ordered (and how to avoid them) is essential if you are involved in family...
Artificial intelligence (AI) tools are increasingly being used across professional services, including the legal profession. From drafting submissions to summarising case law and preparing chronologies, AI can offer efficiency and convenience. However, recent court decisions and practice directions make it clear that the use of AI in legal drafting carries serious risks if not handled carefully. Lawyers remain fully responsible for the accuracy, integrity, and confidentiality of all material filed in court regardless of whether AI was used in its...
Resolving Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift. See brochures: “Before you file - pre-action procedure for parenting cases” and “Before you file - pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their...
Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...
