September 2020

The Importance of Independent Children’s Lawyers

By | September 23rd, 2020|

Powers vested in the Family Law Act provide that in certain circumstances a Court can appoint a lawyer to represent a child’s interests. An Independent Children’s Lawyer (ICL) is typically appointed in matters whereby some of the following factors exist; Allegations of abuse or neglect in relation to the child [...]

Being separated under one roof

By | September 21st, 2020|

One of the repercussions of the COVID-19 pandemic is that the property market has cooled off.  Falling house prices have had various effects on different households, however one such effect is that there is more financial difficulty for separating parties to move out of the home and refinance. Some parties [...]

Insta-Famous Pets

By | September 3rd, 2020|

There is a matter before the NSW District Court where three parties are contesting who will keep “custody” of a celebrity cavoodle who has a large fan base on Instagram. By arguing in contract, they dodge jurisdiction of the Family Court. It is alleged the cavoodle’s value is in excess [...]

August 2020

Dirty John & The Date Of Separation

By | August 28th, 2020|

You may have seen on Netflix recently, the new Dirty John series which covers the very messy divorce of Betty Broderick from Dan Broderick III. One of the interesting aspects of the proceedings, and one which caused considerable anguish for Betty, was that Dan Broderick had allegedly been strategic in [...]

Child Support – Getting it right

By | August 25th, 2020|

There are really only two decisions when it comes to the issue of child support.  Do you go with the child support assessment issued by the government or enter into a child support agreement?  An application for an assessment can be made via the Department of Human Services (usually but [...]

Everything old is new again

By | August 24th, 2020|

“The Family Courts in Australia are far from typical Court” is the opening line of Ms Whitbourn’s Sydney Morning Herald article titled: The 'profound shift' under way in Australia's family law courts. But why are they so different? Are the matters more complex? – probably not. Are the stakes higher? [...]

No Money in the Kitty – Family Law Proceedings and Bankruptcy

By | August 3rd, 2020|

A person can be declared bankrupt either by a creditor making an application to the court which results in the person becoming bankrupt, or the person themselves can file a ‘debtor’s petition’ declaring themselves bankrupt. A bankruptcy trustee is immediately appointed to take control of the bankrupt’s assets and income [...]

July 2020

So when does the clock start ticking?

By | July 20th, 2020|

A common question for family lawyers is when does the 12 month separation period start?  This is even more relevant during the COVID pandemic because many people, without work or on tight budgets, have been forced to stay in the same household as their separated partner. Legally, that is not [...]

Who do the kids live with?

By | July 3rd, 2020|

Going through a separation can be an emotional rollercoaster.  Do I need to find a new house?  How will I be able to afford this?  Who will the kids live with? Of course you can talk about these things with your former partner and many couples resolve these questions between [...]

June 2020

Your kids see everything

By | June 19th, 2020|

Family violence involves more than hitting.  The Family Law Act has a much broader definition of family violence, including what is called coercive and controlling behaviour.  The impact of this conduct on parents who survive it and their children cannot be underestimated. A punch might lead to the arrest of [...]

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