The Impact of Criminal Law in the Family Law Jurisdiction Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to…
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The role of solicitors in Family Law proceedings may not be known the parties before commencing legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”.…
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Parties Wastage Following Separation Usually during cases of divorce or separation proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other…
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On 30 May 2018 the Government proposed to restructure the existing structure of the Federal Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will…
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A Simple Way To Find a Family Lawyer Brisbane That Works For You. Depending on how long a couple has been together, separating can be a lengthy, sometimes confusing and often painful process. Then there are all the legalities involved in the situation. Find a Family Lawyer Brisbane that gives…
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The YES Vote Wins! So where to from here, and what does it mean for same sex rights? It was an awesome sight to see how Australia stood still to hear the news that, we the people, voted in the majority to legally allow same sex couples to marry. The…
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Where the children should live and how much time they should spend with the other parent or other significant adults in their lives are now subject to the Family Law Act. This came into effect in 2006. The principals in the legislation are summarised as follows: “The law will take…
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