From the category archives:

Separation

How To Choose The Right Family Lawyer

by Rhiannon Noble on November 22, 2016

Rhiannon Noble

Selecting a family lawyer may sound like a simple process. However, making the best decision may involve more than simply just typing ‘family lawyers’ or ‘property settlement’ into a search engine and selecting the first lawyer that pops up. It is a more in depth process to select a lawyer whom you trust, feel comfortable with, has the appropriate technical … Read more

Kepler Ryan

The recent Family Court decision of Justice Tree, Churchill & Raske [2014] FamCA 848 considered an unsettled question in Evidence Law, relating to a party being required to give potentially self-incriminating evidence in their Family Law matter. Interestingly, this arose in the context of something that I suspect occurs regularly across Australia – one party accessing and copying emails from … Read more

Kepler Ryan

This article is part four of a four part series dealing with strategies for resolving your family law dispute in a timely way in circumstances where the Family Law Courts are experiencing significant delays in many Registries. As I have noted in previous blog articles, some cases are taking two years and beyond to obtain a final hearing. We have … Read more

Bree Staines

Developed in the Netherlands and being looked at in Australia is a technology called Rechtwijzer, that effectively replaces the role of lawyers and litigation to solve disputes. The technology has primarily been based on working in transactional areas of law such as tenancy disputes and employment matters. However, the Netherlands are broaching the idea of make the technology applicable to … Read more

It’s Time to Talk About Mental Health

by Peter Magee on October 25, 2016

Daniel Rod

It was recently R U OK day, a day that is designed to encourage people to talk about mental health and mental illness.

Mental illness is something that as a Family Law Practitioner, I come across every day but something that I feel remains an elephant in the room. We as lawyers are not psychologists and cannot provide clients with … Read more

Zoe Durand

Whilst it seems more common sense to write about a recent Court case, I am interested in the lack of recent so called “mistress” cases since the case of Jonah & White [2011] FamCA 221, failed on appeal (Jonah & White [2012] FamCAFC200). Did the failure of the appeal mean that other potential applicants in similar situations no … Read more

I Have to See a Family Consultant – Help!

by Anne-Louise Pham on October 24, 2016

Anne-Louise Pham

Sometimes in parenting proceedings, the Court will make an Order for the parties (and in some cases the children) to attend upon a Family Consultant. This may be for the purposes of a Child Inclusive Conference, a Child Dispute Conference or a Family Report. This can be a daunting process for many people. Other than your Affidavit, this is the … Read more

But I Don’t Really Own That Property

by Byron Leong on October 23, 2016

Byron Leong

Australia has seen an increase in Chinese families moving to Australia to live from China, therefore an increase in separation of Chinese immigrant couples. Separations involving Chinese immigrants often have the complexity of assets in China. Not only are there assets in China but there may be the issue of who truly owns them.

Chinese families have a history where … Read more

A House That Splits in Half When You Separate

by Natasha Heathcote on October 23, 2016

Natasha Heathcote

It may sound like a dream come true to many couples going through contested Court proceedings “fighting over” who gets to keep the matrimonial home. However, Amsterdam based design and engineering practice Studio OBA has the solution to the problem. Split the house in half.

How you say?

A floating home that will drift apart when you also drift apart … Read more

Rhiannon Noble

It is not unusual to have parents residing in different jurisdictions following their separation. However, when there is a dispute as to which jurisdiction and with which parent the child should live with, it raises two very important questions for the Court to consider:

  • Firstly, which country is the appropriate forum to commence Court proceedings in, i.e. Australia or the
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