Family Law Matters Proposed Changes to the Family Law Act Proposed Changes to the Family Law Act – A Step Forward? On 30 January 2023, the Australian Government released a draft Family Law Amendment Bill (‘the amendments’) which proposed a variety of significant changes to the Family Law Act 1975 (Cth) (‘the Act’). The overarching […]
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Family Law Matters What is Mediation? If you are currently experiencing a separation with your ex-partner, you have likely heard the term ‘mediation’ before. But, what is mediation? And what happens if you can’t reach an agreement at mediation? What is Mediation? Mediation is an important part of reaching agreement in any financial or parenting
Family Law Matters Same-Sex Couples And The Family Law System Same-Sex Couples and the Family Law System Let us rewind to December 2017. We were waving our rainbow coloured flags with great enthusiasm and delight as the Australian Federal Parliament made the decision to pass a law legalising same-sex marriage across Australia. Fast forward to
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Property Matters Who gets the dog? Who keeps the dog after separation? Pets often form an integral part of the family unit and significant time and money is spent on them. Adults and children alike often form strong emotional attachments to their pets. It may therefore surprise you to hear that the Australian Family Courts
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Parenting Matters What Age Can a Child Decide What age can a Child Decide? After separation, parents often wonder when children are able to decide for themselves where they live, or how often, and in what circumstances, they see their parents. The short answer is that the Family Law Act 1975 allows the courts to
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Family Law Matters Indigenous Australians and the Family Law System What are some of the barriers that Indigenous Australians face when accessing the family law system? The legal system has long been found to be failing all members of the Australian community with regards to access to the legal system, particularly highlighted within a Senate
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Property and De Facto Matters Binding Financial agreements What is a Binding Financial Agreement? A Binding Financial Agreement is a term for a financial agreement that can be made under the Family Law Act either before, during or after a defacto relationship or marriage. A Binding Financial Agreement sets out how property will be divided
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Information Update Family Law amid COVID19 Already within a matter of months, COVID-19 has upended the lives of children and families across the globe. School closures and movement restrictions are disrupting children’s routines and support systems. They are also adding new stressors on caregivers who may have to forgo work. Evidence and what to expect
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Case Study Child Relocation Cahan & Kafka [2019] FCCA 2421 The case of Cahan & Kafka [2019] FCCA 2421 (30 August 2019) provides an example of where a parent was denied their application to relocate the child to a different city. In this case, the mother received a job offer which would result in a
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Parenting and Property Matters Harmonisation of the Courts The complex overlap between the jurisdiction and administration of the Family Court of Australia and the Federal Circuit Court has been heavily criticised as being “confusing, inefficient and [for] causing unacceptable delays’’. Traditionally, the two-court system was been constructed in order to enable better specialisation, wherein the
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