Peter Magee

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

Highest Rate of Divorce in the World

by Peter Magee on November 2, 2016

Daniel Rod

A recent article appeared on a prominent Australian News Website, noting that the Maldives has the highest rate of divorces in the world. The average women living in the Maldives at age 30 will have been divorced three times, or put another way, 11 divorces per 1000 people. Belarus is approximately 5.5 divorces per 1000 people and the United States … Read more

Am I Ever Going To See My Child Again?

by Kate Marr on November 1, 2016

Kate Marr

It is an unimaginable thought to try to comprehend not being able to see their child or children for an indefinite period, sometimes for a number of years. This however, for some, is the reality. At times a child could be taken away to live with a third party or parent, with or without both parents consent. If that child … Read more

Your Duty of Disclosure and the Consequences of Non-Compliance

by Anne-Louise Pham on October 30, 2016

Anne-Louise Pham

As family lawyers, we are often advising clients in respect to their concern that their partner may be attempting to hide or reduce assets so as to minimise the matrimonial pool available for distribution pursuant to a property settlement. In almost all these scenarios, the failure to provide full and frank financial disclosure results in protracted and costly litigation with … Read more

Single Females Purchasing Property

by Natasha Heathcote on October 29, 2016

Natasha Heathcote

New data has shown a significant rise in single females applying for mortgages as more single women purchase property on their own.

Why is everyone in shock that females can be financially stable and sensible to have saved for a deposit on their own and also be able to service a mortgage?

No question is asked of single men who … Read more

Division 7A – Is There a Liability?

by Peter Magee on October 28, 2016

Byron Leong

Before a Court can make an order pursuant to the Family Law Act 1975 about how to divide assets of married or de facto parties, it must first work out the “legal and equitable interests” of the parties available for division. This means that the Court must work out the total net value of assets. The total net value of … Read more

Spike in Women Family Violence Offenders

by Rhiannon Noble on October 27, 2016

Rhiannon Noble

Whilst browsing the internet recently I came across an article entitled “women family violence offenders leading to prison expansion”. In my job I quite often hear about family violence in the context of men offending against women, but less often about women family violence offenders.

There is significant weight placed on combatting family violence against women, for example the White … Read more

Peter Magee

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