Parenting Proceedings: Allegations of Sexual Abuse

Introduction Sexual abuse in parenting proceedings and related allegations must be addressed on the evidence before the Court. In appropriate cases, a Court may determine that compelling inferences are open on the evidence before it. Where allegations of sexual abuse in parenting proceedings are made in relation […]

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Parenting Proceedings and Drug Use

Introduction Drug use by a parent is a matter that is considered by the family courts when determining what living arrangements are in the best interests of children. A parent’s struggle with drug use can have a hugely detrimental impact on their relationship with their children. There […]

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Mother’s Application To Change Child’s Name Dismissed

Background In the recent case of Lysons & Lysons and Anor [2019] Fam CAFC 29, the Full Court of the Family Court found that the primary judge had not erred in refusing a Mother’s application to change her child’s name. The child, X, was born in 2016 […]

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Family Law Property Settlement: Assessing Contributions

Introduction A property settlement is an arrangement made between parties to divide assets, liabilities, and financial resources when a couple separate. Assessing contributions for property settlement is a significant element in working out what is an appropriate way to divide assets following separation. Generally, in a long-term relationship, […]

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Family Court Proceedings: Case Guardian

Introduction A case guardian, referred to as a litigation guardian in the Federal Circuit Court, may be appointed to conduct a case on behalf of a party to a family law matter where a party is unable to act for themselves. The role of a case guardian […]

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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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