On 8 December 2015, the Herald Sun’s headline read “The dumping of Baden-Clay murder conviction is a slap to every domestic violence victim”. Truer words were never spoken.
On 15 July 2014, in the Supreme Court of Queensland, a jury found that Gerard Baden-Clay had murdered his wife, Alison Baden-Clay. Throughout the trial, the Crown submitted that Baden-Clay killed his … Read more
The case that has challenged ethical, medical, parental and legal beliefs continues before the Family Court of Western Australia.
Oshin Kiszko is a 6 year old boy that is suffering a from a rare, aggressive brain tumour. In summary, it is the parents’ case that Oshin should not receive invasive medical treatment such as radiology and chemotherapy. The Princess Margaret … Read more
Look there is Bulbasaur! Have you got a Charmander? By now most of you would have heard about the Pokemon Go craze taking the entire world by storm. Whilst this mobile gaming app has caused car accidents and resulted in the finding of dead bodies, it has also brought parents and children together. I have heard from colleagues that the … Read more
It was reported in The Australian on 12 September 2016, that Judge McGuire recently delivered a judgment in the Federal Circuit Court of Australia, in relation to who should be liable for payment of private school fees for children of a couple who had separated.
It is often a point of contention between parents, which school their children should attend. … Read more
In an article published on 22 May 2016 by Noah Whittaker the question of “how to quarantine an inheritance from divorce” is explored.
Whittaker reports that: “now divorce is common, many couples do not get around to getting married, and often those who do divorce and remarry have children from both relationships. To complicate matters, there may well be more … Read more
You are going through highly contested proceedings from the breakdown of your previous relationship but you have now re-partnered and/or married. Should your new partner be giving evidence to the Court as to your financial circumstances? Why would they do so?
One of the factors the Court considers when making Orders for a financial settlement under section 79 (for married … Read more
In the matter of Douglas v Mauldon  FCCA 2217 Judge Harmon of the Federal Circuit Court of Australia dismissed objections by the mother and her psychologist to the Subpoena that had been issued by the Independent Children’s Lawyer for production of the psychologist’s counselling notes.
Objections to the production of counselling notes is common in family law proceedings as … Read more
To Appeal an Order made by the Family Court or Federal Circuit Court, a Notice of Appeal needs to be filed within 28 days of the Orders being made, pursuant to the Family Law Rules. However, in limited circumstances, this timeframe will be extended with leave of the Court.
In the recent decision of Oaks & Udall  FamCAFC 96, … Read more
It is understandably very common for parents to want their children’s voice to be heard in the family law process. Thankfully, unlike in US television programs where we see children sitting in the middle of a Courtroom, telling a Judge if they would prefer to live with mummy or daddy, the Australian Family Law system recognises that children deserve to … Read more