Streamlining financial matters in the Federal Circuit Court of Australia

by Phillipa Kingswell The Federal Circuit Court will adopt a new process for dealing with applications for property and/or spousal maintenance orders in an effort to streamline management of those matters. On the first court date for hearing an application for property and/or spousal maintenance orders, the parties will appear before a Registrar rather than a Judge, for directions to get the matter
Tags: Court, Court Orders, Family Court, Family Court of Australia, Family Court Rules, Federal Circuit Court, Federal Circuit Court of Australia, Financial Matters, Judge, Mediation, parenting matters, property proceedings, Registrar, spousal maintenance
Read More

How to Handle a Divorce Without Affecting Children

by Nicholas May The breakup of a family unit is always challenging, but there are steps you can take to protect your children. Walking up to your kids and telling them that you and your partner are splitting up, can be quite hard; in fact, no one expects it to be easy. However, by keeping things simple, emotionally comfortable and truthful, you can
Tags: children, Co-parenting, Divorce, Parenting
Read More

Important Dates for Filing Applications in the Family Court of Australia

by Arlene Stanovitch Christmas can be difficult for families at the best of times, but it can be particularly difficult for separated families. The closing date for the filing applications for parenting orders in the Family Court of Australia to be heard prior to Christmas is fast approaching. The cut off date this year is 4.00 pm on Friday 8 November 2019.  
Tags: Christmas, Court Orders, Family Court of Australia, parenting dispute, parenting matters, parenting orders, Parenting Plan, Separated Families, Separation
Read More

Grandparent Rights When Parents Separate

by Phillipa Kingswell The Family Law Act is the source of power to make Parenting Orders for responsibility for making decisions for a child, about where they live, who they spend time with, their education, health and other long term care and welfare matters. Since 2000, grandparents have been specifically identified as persons, who apart from parents, may apply for parenting orders under
Tags: Family Law, Family Law Act, Family Law Proceedings, Grandparent Rights, Grandparents, Parenting, parenting orders, Separation
Read More

Family Violence and Cross Examination

by Phillipa Kingswell From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised.  Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer. Under the scheme, cross-examination will now be conducted by legal representatives. Unrepresented litigants
Tags: Cross Examination, Family Court, Family Law, Family Violence, Family Violence and Cross Examination Scheme, Federal Circuit Court
Read More

How to save $1000's on your divorce or separation

by Phillipa Kingswell The financial cost of having a Court decide how property is to be divided or how children are to parented can be disproportionate to the value of property or the issues in dispute. The hours spent preparing for hearings, meeting with solicitors and barristers, and attending Court can cost tens of thousands in legal fees and Court fees. Cases often
Tags: Family Court, Family Law, Federal Circuit Court, Matrimonial Property, Parenting, parenting dispute, parenting proceedings, Practical Tips, Property, property proceedings, property settlement, Separation
Read More

What is a non-financial contribution and why does it matter?

by Phillipa Kingswell When parties to a relationship start their lives together and through hard work, and some luck, they build up their savings and acquire property and superannuation, how are their contributions measured if the decision is made to separate and divide what they own? Financial contributions such as having the deposit for the first home or owning a block of land
Tags: Contributions, financial contributions, homemaker contributions, non-financial contributions, property settlement
Read More

Rectifying Defective Binding Financal Agreements – Graham & Squibb

by Amy Chesnutt In the recent case of Graham & Squibb [2019] FamCAFC 33 (2019) FLC 93-892, the Full Court of the Family Court of Australia considered an appeal on the question of whether a Binding Financial Agreement was effective to protect he pre-marital assets of the parties from claim. The Husband and Wife married in July 2008.  Shortly before the marriage, the
Tags: Binding Financial Agreement, Case Law Update, Family Law Act, Property
Read More

Which Contact Centre is the right Contact Centre?

by Phillipa Kingswell When a Court orders that a parent’s time with a child should be supervised it generally means that there are serious allegations in relation to the safety of the child. The place where the parent and child meet or in some cases where changeover happens, should be safe and staffed by people with experience and skills in child protection. Supervisors
Tags: Contact Centre, Custody, Parenting, Supervised Contact, Unacceptable Risk
Read More

Sperm Donors and Parental Rights

by Phillipa Kingswell Women who rely on male friends to assist them to conceive with no expectation that the donor would become the child’s parent can rely on the Status of Children Act to have control over who is named legal parent of their child, however if an appeal to the High Court is successful then this certainty may disappear. Under State law
Tags: Assisted Reproductive Technology, Family Court of Appeal, Family Law Act, Federal Circuit Court, High Court, parental rights, Parenting, sperm donor, Status of Children Act
Read More