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Family Law Act

Are you a parent? – Declarations of parentage

by Peter Magee on June 6, 2016

Daniel Rod

In the recent matter of Baldwin & Neilson [2016] FCCA 199, the mother sought a declaration from the Federal Circuit Court that the Respondent was the father of the child and that he be assessed under Section 106A of the Child Support (Assessment) Act 1989 as to his obligations to pay child support to the mother.

To ascertain whether a … Read more

Daniel Rod

The Family Law Act 1975 (Cth) mandates that parents who separate seek a s60I certificate prior to filing for parenting matters in Court.

The process seeks to implement an alternative for separating parties to filing for Court Orders and it is my belief that this policy is simply misguided and I believe that parties are better directed through other avenues.… Read more

Peter Magee

In November last year, the government introduced the Family Law Amendment (Financial Agreements and other measures) Bill 2015 which intends to amend the Family Law Act.

Some of the consequences of the bill relate to Financial Agreements (which, thanks to American television, are colloquially known as "prenuptial agreements"). In actual fact, Financial Agreements can be entered into prior to a … Read more

Peter Magee

Since amendments to the Family Law Act became effective in 2009, the Family Law Courts have had the power to make orders regarding the division of a de facto couple’s property following the breakdown of their relationship. When determining who gets what, the Court considers the same factors that it takes into account when making orders regarding married couples.

But … Read more

Peter Magee

Consent Orders for property settlement matters are designed to effect a clean financial break between former spouses and de facto partners. They are intended to be “once and for all” arrangement in respect of parties’ assets, liabilities, superannuation and financial resources.

Once the Consent Orders are issued they have the same effect as a court order made by a Judge … Read more

Peter Magee

Gone are the days when the nuclear family was the assumed norm. Today families come in many different shapes and sizes. Shifts in community attitudes to divorce, same-sex de facto relationships, single parent families and blended families, not to mention the rapidly changing nature of reproductive technology, have all contributed to this shift. The concept of “family” is broader than … Read more

Peter Magee

In news Amrita Nayak Dutta reported on 2 October 2013 in an article titled “Women put off divorce to benefit from Marriages Law (Amendment) Bill” that the Marriages Law Amendment Bill proposal in India has seen a 23% decline in divorce cases as women “direct their lawyers to go slow on proceedings”.

Dutta goes on to say:

“Women Read more

Same-sex Parents and Separation

by Peter Magee on November 29, 2013

Peter Magee

When Brenna Harding won the Logies award for Most Popular New Female Talent in 2013 she thanked her two mums in her acceptance speech.

In reporting on her win in the Sydney Morning Herald on 9 April 2013 Steve Dow reported “In the hotel room upstairs, her biological mum Vicky proudly watched her daughter’s win on television, while Harding’s other Read more

Where Cash Flow Matters in Family Law

by Peter Magee on September 30, 2013

Peter Magee

It is a common concern of client’s that their former spouse or partner has the cash flow to “lawyer up” while they unfortunately cannot afford adequate legal representation. In the case of Iphostrou and Iphostrou the Court recognised that funding of litigation is in some proceedings not a level playing field. This is especially the case for client’s whose income … Read more

Family Violence Effecting Family Law Outcomes

by Kate Marr on January 3, 2013

Kate Marr

The Family Law Act defines family violence at Section 4AB, as “…violent, threatening or other behaviour of a person that coerces or controls a member of the person’s family, or causes the family member to be fearful…”. The Section then goes on to provide examples of behaviour that may constitute family violence.

Ninemsn reported on 14 December 2012, that in … Read more