Is it always in the child’s best interest to spend time with both parents?

Section s 60CC of the Family Law Act 1974 outlines how a court determines what is in a child’s best interest.  What is in the child’s best interest is a paramount consideration of the Family Court. In determining a child’s best interests the court must have regard […]

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Legislative changes – Removing time limitations for child abuse victims

The Limitation of Actions Amendment (Child Abuse) Bill Vic 2014 has passed both houses of the Victorian Parliament and is now awaiting assent. The Bill will provide greater access to justice for child abuse victims, removing time limitations to civil claims for damages. Currently, time limitations are […]

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Was it an abuse of process to commence property distribution proceedings?

Stevens & Stevens [2015] FCCA 63 (15 January 2015) involved an 87 year old husband admitted by his son to an aged care facility on the Gold Coast and then removed and placed in another one in New Zealand. In 2011 the Queensland Civil and Administrative Tribunal appointed […]

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De facto relationship failed to be proved

Under s 4AA (1) of the Family Law Act 1975 a person is in a de facto relationship with another person if: (a)    the persons are not legally married to each other; and (b)   the persons are not related by family; and (c)    having regard to all […]

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Family Violence Screening Pilot

The Family Court of Australia and the Federal Circuit Court of Australia will be implementing a Family Screening Tool Pilot for child dispute services in order to further improve the screening process of family violence.  The pilot is a result of the Courts commitment to the early […]

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New changes to Family Provision law in Victoria.

The changes to Part IV of the Administration and Probate Act (1958) (Vic) (the Act) which came into effect from 1 March 2015 will affect those family members who are not mentioned in a will and seek to `challenge’ the will for provision or further provision from […]

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Child competency and medical procedures.

The case of Re Leo [2015] FamCA involved an application to the court by the parents of a minor, aged 16 ½ who has been diagnosed with gender dysphoria. The applicants sought that the court declare that the child is competent to authorise his own treatment for […]

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Parenting After Separation Series – Relationships Australia

Parenting after separation can be difficult for children and their parents.  Relationships Australia will be providing a Parenting After Separation Series  in  Wonthaggi to inform parents about the impact of separation and divorce on children. What is Parenting After Separation? Parenting After Separation provides parents with key […]

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Changes to Family Provision Law in Victoria

The March 2015 edition of the Law Institute Journal includes a cover story on new changes to “family provision” under Part IV of the Administration and Probate Act 1958 (Vic), which took effect on 1 January 2015. Part IV of the Administration and Probate Act provides enables […]

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Property settlement – inheritance post separation.

In the case of Singerson & Joans [2014] FamCAFC 238 (10 December 2014) The Full Court (Bryant CJ, Anslie-Wallace and Crisford JJ) deliberated upon the parties 15 years of marriage.  The parties had  lived together in a de facto relationship from July 1994, had married in 1996 […]

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