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What do I need to give my lawyer?

By | May 22nd, 2020|

The decision to obtain legal advice is not always an easy one.  Your lawyer will ask you highly personal questions, the meeting will be emotional, and it will be with someone who you have only just met. There is a lot that you can do to prepare for the first [...]

Litigation in a pandemic

By | May 20th, 2020|

If you’re isolating at home exposed to ongoing disputes, there is now an avenue out. The Family Courts have established a court list dedicated to urgent family law disputes that have arisen as a direct result of the COVID-19 pandemic. The list commenced on 29 April 2020 and is already [...]

Family violence and the Family Court

By | May 20th, 2020|

If you thought family violence required physical abuse, then you were wrong. It can include coercive and controlling behaviour, limiting access to money, limiting access to friends, or limiting access to family. It is conduct that causes the family member to be fearful.  It is not unusual for family violence [...]

Securing your future in a pandemic

By | May 11th, 2020|

Last weekend the Sydney property market recorded the lowest clearance rates since 2015 with only 36.3% of properties sold. Partially attributable to the ban on public auctions, there is real concern that people are simply not willing to take the price offered. Divorcing parties account for close to one in [...]

Mediating in a Pandemic

By | April 30th, 2020|

The Chief Justice of the Family Court and the Federal Circuit Court (same guy) has released guidelines on how parents should address issues that might arise in the current spatial restriction environment (for Victoria or Queensland, lockdown).  Unsurprisingly, common sense and cooperation is urged.  We have seen disputes emerge even [...]

Court During the COVID-19 Pandemic

By | April 29th, 2020|

Institutions across the world have digitally adapted to accommodate the need for spatial restrictions and reduce contamination risk for Court users. Have there been teething problems?  Sure, but the Courts are now functioning with great efficiency and effectiveness.  This has taken a lot of cooperation and goodwill from the legal [...]

Mediate Don’t Detonate

By | April 21st, 2020|

Everyone who has spoken to a family lawyer in Sydney recently will know about the problems with our Court system - “the Sydney problem”. Anyone who has watched the news or had a keen eye on newspapers recently would have a vague awareness that delays in the system are lengthy [...]

The New Normal

By | April 17th, 2020|

While it might seem we are living in a dystopian movie involving biohazards, quarantines and social disruption, some basics remain.  The interests of children need to remain the focus of parents. The Family Law Section of the Law Council of Australia has released a Top 10 Guide for Separated Parents [...]

Arbitration in Property Settlement Applications

By | April 16th, 2020|

Before COVID-19 brought the world to a virtual stand-still, property settlement applications would generally pass through the Courts in a period of 18 months to three years.  If your matter was urgent, then interim hearings could be dealt with expeditiously. However, given the decreased capacity of the Court to hear [...]

Family law litigation in the midst of a pandemic

By | April 15th, 2020|

The Family Court of Australia and the Federal Circuit Court of Australia have released a joint practice direction setting out new procedures to ensure that social distancing directives are adhered to, and to ensure the safety of all parties involved in matters before the Court. These are as follows: All [...]

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