Tag: parenting proceedings

Am I eligible to commence divorce proceedings? [caption id="attachment_17912" align="alignright" width="350"] divorce proceedings in Australia[/caption] Divorce proceedings can be initiated in Australia if either you or your spouse: is an Australian citizen; is domiciled in Australia; or has been ordinarily resident in Australia for the past three years. For the purposes of family law proceedings in Australia, ‘ordinarily resident’ means that someone has voluntarily chosen to live in Australia for a settled purpose. If there is a relationship breakdown, you...

The passing of the most recent Family Law Amendment Act on 19 October 2023 brings important changes to the current regime, which will affect your rights, the court’s approach and our legal advice. These amendments will be effective from 6 May 2024. There are four key changes which will discuss in this blog. 1. No more presumption of equal shared responsibility under section 61DA Cause [caption id="attachment_17783" align="alignright" width="350"] family law amendment act[/caption] This presumption provides that parents are presumed...

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...