Section 60I Certificate: When It Is Not Required to File Family Law Proceedings

Introduction For some people, being told that they need to get a family dispute resolution certificate, also known as a Section 60I Certificate, before filing parenting proceedings can seem impractical and burdensome. You will generally have to have that certificate before you may start proceedings the family […]

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Procedural Unfairness in Family Court

Introduction: Procedural unfairness in family court hearings is a ground upon which a party may make an appeal to have court orders set aside. Where a party appeals a court order and one ground of the appeal is procedural unfairness in family court hearing, the procedural fairness […]

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Parenting Time: Difference Between Supervised Time & Unsupervised Time

Introduction In family law we often talk about parenting arrangements in two basic, clear cut categories – supervised time or unsupervised time. We think of supervised time as time you spend with your children in a children’s contact centre being supervised by those suitably qualified to intervene […]

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Family Court: Errors of Law

Introduction Where errors of law are made by a primary judge in the Federal Circuit Court of Australia, a party may appeal the decision in the Family Court of Australia. Relevant Case Law Errors of law were found to have occurred in Mareet & Colbrooke [2019] on appeal to […]

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Family Law Expert Evidence Admissibility

Introduction It may seem time consuming and expensive to have formal valuations conducted to get family law expert evidence. It can mean the world of difference though to your outcome for property settlement.   Recent Case Law The recent Federal Circuit Court decision in Isaacson [2019] FCCA 522 […]

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Family Law Court: Backdating Child Support Applications

Introduction Child support is a payment made by one or both parents to the other to help with the cost of looking after the children. In some situations, it may be paid by one or both parents to another person who is looking after the children. Parents […]

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Family Law: Long Term Decisions For Children

Introduction Making long term decisions for children as well as decisions about the day today care for children is what is referred to in the Family Law Act 1975 (Cth) as “parental responsibility”. There is a presumption under section 61DA(1) of the FLA that both parents have […]

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Video Evidence and Text Messages in Family Law Proceedings

Introduction Video evidence and text message evidence can be admissible in family law proceedings. Depending upon its content, it can be a powerful part of a parent’s case. Relevant Case Law In Jabba & Gade [2019] FamCAFC 14, the Full Court of the Family Court of Australia […]

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Application to Adjourn Family Law Proceedings

Application to Adjourn Family Law Proceedings Introduction An application to adjourn family law proceedings must be based on valid grounds. When considering an application to adjourn family law proceedings, the family court will consider in the contact of the relevant application, its duty to bring an end […]

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Family Court: Interim Spousal Maintenance

Introduction Interim spousal maintenance may be obtained where one party to a former marriage has financial capacity to maintain the other party and that other party has unable to support himself or herself adequately. The other party may not be able to support himself or herself by […]

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