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Children Issues: Effect of Final Parenting Orders

Introduction Final parenting orders discharge all interim orders. Once final parenting orders are issued, the family court may not hear a parenting application seeking only interim orders. The Court can however hear a fresh parenting dispute. However, a parent cannot make an application for only interim orders […]

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Property Settlement: How Does Family Law Consider Overseas Property?

Introduction In Australia, we have a multicultural society. As our society becomes increasingly globalised, marriages and de facto relationships between people who originate from or travel to and live in different nations are becoming more common. In such circumstances, it is increasingly the case that when these […]

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Australian Law Reform Commission Final Report: Family Law For The Future

Introduction The Australian Law Reform Commission (ALRC) has released its report ‘Family Law for the Future – An Inquiry into the Family Law System’. This is the first time the family law system has been comprehensively reviewed since the commencement of the Family Law Act 1975. The […]

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Consequences of Lying in the Family Court

Introduction Before a division of property can be agreed by parties following a divorce or separation, it is important that the extent of the assets and liabilities that are available to be divided is agreed. If you have been in a relationship for any significant period, you […]

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Family Law Property Order Enforcement: Recent Consideration

Introduction It is unwise to just ignore an Order made in a Family Law proceeding which binds you. If an Order has been made with which a party does not agree, if there are sufficient grounds, there may be an option to appeal the Order to the […]

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Re-opening Parenting Proceedings: Mother’s Application Dismissed

Introduction An application to re-open parenting proceedings where orders have previously been issued must be carefully considered before it is filed. There must be circumstances which will warrant the Court in re-opening a case. Dependent upon the circumstances, there may even be a case for an order […]

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Parents With Mental Health Issues and Parenting Orders

Introduction In all cases, the paramount consideration for the courts when considering whether to make a particular parenting order remains what is in the best interests of the child. In most cases, this will mean ensuring that the child is able to have or develop a meaningful […]

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Federal Circuit Court of Australia Orders Child Support For Child Over 18 Years Old

Introduction Generally, child support assessments and payments through the Department of Human Services (Child Support) come to an end when a child turns 18. If the child will still be attending secondary school when he or she turns 18, the person receiving child support payments may apply […]

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Family Court Orders and Private School Fees

Introduction Where the court is required to make family law parenting orders, a parent may be seeking orders that children attend private school. Questions may arise as to who pays the private school fees. An application may be made to the Court for departure from an administrative […]

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Child’s Name Change After Separation

Background A parent may for a variety of reasons wish to obtain a child’s name change following a separation. In the recent case of Somerville & Somerville (No.2) [2018] FCCA 2665 (21 September 2018), Judge Mercuri of the Federal Circuit Court of Australia ordered a child’s name […]

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