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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Order requiring mother to relocate is set aside

The case of Adamson & Adamson [2014] FamCAFC 232 (3 December 2014) was an appeal from parenting orders, and, in particular, requiring the appellant the mother to relocate the parties’ child to an area near the respondent’s residence.  The appeal was allowed. The Full Court (Ainslie-Wallace, Murphy […]

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Family Law Amendment (Family Violence and other Measures) Act 2011

The Family Law Amendment (Family Violence and other Measures) Act 2011 amended the Family Law Act 1975 designed to help protect children from harm and improve the family law system’s response to family violence and abuse. The reforms  came into operation on 7 June 2012 Anna Parker and Dr Adiva Sifris […]

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Property settlement – Treatment of a redundancy payment with “taxation implications”

In Diggelen & Diggelen [2014] FamCAFC (1 September 2014) the Full Court (Strickland, Ainslie-Wallace & Ryan JJ) considered Johnston J’s decision to treat a $459,199 payment that the husband had received from his employer for “accrued annual leave, long service leave, severance payment and ETP” at [25] […]

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Victorian Royal Commission into Family Violence

The Victorian Royal Commission into Family Violence announced by the Victorian Government is underway.  The terms of reference for the Royal Commission will be wide-reaching.  To see an extract of the terms of reference please follow the link below: http://www.premier.vic.gov.au/family-violence-royal-commission-formally-established

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Recent legislative developments in Family Law: Australian Citizenship Amendment (Intercountry Adoption) Bill 2014

The Australia Citizenship Amendment (Intercountry Adoption) Bill 2014 amends the Australian Citizenship Act 2007 to extend citizenship to children adopted directly from a country that is not a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. These include South […]

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Victorian initiatives to combat rising family violence

This month’s edition of the Victorian Law Institute Journal includes a cover story on recent initiatives to deal with what is a disturbing trend: a rise in incidents of family violence. Among the initiatives is the establishment of a Royal Commission into Family Violence (to be led […]

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