Mcphee Lawyers

Tag Archives: Separation

Important Dates for Filing Applications in the Family Court of Australia

by 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: , , , , , , , ,
Read More

Grandparent Rights When Parents Separate

by 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: , , , , , , ,
Read More

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

by 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: , , , , , , , , , , ,
Read More
Man sues wife for negligence after jumping from their Mercedes Benz

Man sues wife for negligence after jumping from their Mercedes Benz

by A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, if she had applied the brakes when she saw he was about to jump, his injuries would have
Tags: , , , , , , , , , ,
Read More

There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
Tags: , , , , , , , , ,
Read More

Practice Management Hearings

by The delays experienced by some parents involved in parenting proceedings before the Federal Circuit Court and Family Court are leading to tragic outcomes for parents and children. For the Judiciary who have been appointed to make parenting Orders that are in the best interests of children, it is a sad irony that the family law system’s inability to resolve matters
Tags: , , , ,
Read More

Calculating time in family law matters

by Ensuring compliance with Court Orders can be a tricky beast if you do not know what you are doing.  Usually, there are consequences contemplated in the Orders if a party fails to comply with an action by a particular date/time.  A crucial, but often overlooked, part of all family law proceedings is correctly calculating the time by which actions provided
Tags: , , , , , , , , , , , ,
Read More

Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
Tags: , , , , , , , ,
Read More

Have you seen our snail ad?

by You may have seen our snail ad around town recently. If you did we hope you had a chuckle. If however, you feel like the snail with no shell why don’t you consider coming in to see one of our family lawyers for advice about your property entitlements? Our initial consultation gives you the time and opportunity to feel comfortable
Tags: , , , , , , , , ,
Read More

Parenting Plans – What are they? Considering entering into one?

by When separated parents agree on the future parenting arrangements for their children they do not need to go to Court for the agreement to be recognised. They have 2 options to reflect their agreement: enter a Parenting Plan; or enter into a Consent Order approved by a Court This blog focuses on Parenting Plans. The nature and requirements of a
Tags: , , , , , , , , ,
Read More