Felicity Reeman

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”.[1] 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

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Court Now Favours With Parents of 6 Year Old Dying Boy

by Bree Staines on September 22, 2016

Bree Staines

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

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Let’s go catch a Pokemon!

by Byron Leong on September 21, 2016

Byron Leong

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

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Kate Marr

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

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How to Quarantine an Inheritance from Divorce

by Zoe Durand on September 19, 2016

Zoe Durand

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

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Does My New Partner Need to Give Evidence in My Family Law Matter?

by Natasha Heathcote on September 15, 2016

Natasha Heathcote

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

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Is a subpoena to your therapist allowed?

by Bree Staines on September 14, 2016

Bree Staines

In the matter of Douglas v Mauldon [2015] 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

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Notice of Appeal to be Filed Within 28 Days of Judgment

by Karen Devey on September 10, 2016

Karen Devey

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 [2016] FamCAFC 96, … Read more

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Stop! You May be in Breach of the Law

by Rhiannon Noble on September 8, 2016

Rhiannon Noble

As social media becomes a wider phenomenon with access to Facebook, Twitter, Skype, Instagram and Snapchat becoming more readily available, so increases the risk of parties who are subject to family law proceedings becoming caught up in social media warfare.

In family law matters, parties can often fall into a social media trap where they use it to post negative … Read more

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Kepler Ryan

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

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