Family Law Blog Archives

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I Urgently Need to go to Court for a Family Law matter – What do I Need to Tell Them?

Coleman Greig October 23, 2018

In most cases, it is necessary for parties to attend mediation and obtain a Section 60(I) Certificate prior to going to Family Court – although the need to attend mediation can be waived in circumstances of urgency. If the matter is deemed sufficiently urgent, it is possible to attend court. In cases where the matter is extremely urgent, Orders can be sought on an ex parte basis, meaning that the matter will be dealt with without the other party having the opportunity to attend Family Court, or present evidence.

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Is it your Solicitors role to say exactly what you want them to?

Coleman Greig October 8, 2018

Solicitors who are well versed in family law should have the ability to get their client’s point across without the use of inflammatory or unnecessarily aggressive language. Furthermore, although it is trite to say, “sometimes you catch more flies with honey than you do vinegar”, there is a time and place for being firm and insistent in correspondence, but the line between being firm and being rude must be walked appropriately.

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“Insight” into Binding Financial Agreements

Coleman Greig September 12, 2018

Malcolm Gittoes-Caesar recently had the pleasure of representing Coleman Greig as a participant on SBS’ Insight program, where he was given the opportunity to discuss Binding Financial Agreements. Here, Malcolm gives his 5 key takeaways from the show, why to implement them, and how to go about doing so in an effective manner.

I Plan to Ignore My Ex-Partner’s Demands – What Might Happen to Me?

Karina Ralston August 22, 2018

Throughout my time as a family lawyer, I have noticed that when couples do decide to officially separate, there is sometimes a desire for it to

I am a Victim of Domestic Violence and Have Just Separated From My Abuser – Where Can I Go?

Coleman Greig July 24, 2018

Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.

My Parents Lent Me Money – How Can I Protect Them During My Separation?

Coleman Greig July 6, 2018

When parties to a marriage receive assistance from their parents, it is rare for them to put thought towards just how their parents might be protected in the event of the marriage breakdown.

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The Recent Family Court ‘Blitz’ and Coleman Greig’s Family Mediation & Arbitration Services

Coleman Greig July 2, 2018

To further decrease the backlog of cases in the Family Court, a large number of cases will be referred to Family Mediation, as well as other forms of alternate dispute resolution such as Arbitration.

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Are Binding Financial Agreements Still Useful?

Coleman Greig June 22, 2018

In 2017, the High Court of Australia handed down a judgment that could have potentially resulted in Binding Financial Agreements being a thing of the past.

What does Same-Sex Marriage Mean for Parenting Matters?

Coleman Greig June 8, 2018

In the third and final part of our same-sex marriage blog posts, we take a look at what the introduction of same-sex marriage means for parenting matters in Australia.

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What Does Same-Sex Marriage Mean for Property Proceedings?

Coleman Greig May 29, 2018

In part two of our same-sex marriage blog posts, we discuss what same-sex marriage means for property proceedings. Overall, the introduction of same-sex marriage will see same-sex couples have greater access to legal protections surrounding both financial and parenting matters.

Divorce agreement. Wife and husband can not make settlement

What Does Same-Sex Marriage Mean for Divorce Proceedings?

Coleman Greig May 4, 2018

You may be thinking that it will be a while before same-sex couples start filing for divorce, although there are many couples in Australia who have been married for a significant period of time.

Separation in the Age of Cryptocurrency

Coleman Greig April 27, 2018

The emergence and popularisation of cryptocurrencies over recent years has added to the difficulties and complications associated with the financial side of family law proceedings.

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To Vaccinate or not to Vaccinate – What Does the Family Court Say?

Coleman Greig April 27, 2018

Arguments over how to best raise children are often more prevalent in the case of separating or separated parents. One particularly hot topic, and an increasingly common area of debate amongst parents is the issue of child vaccinations.

Waiving the right to object to a conflict of interest

Coleman Greig February 23, 2018

Solicitors are often faced with the dilemma of being approached by a potential new client, but because the solicitor or firm has acted for a previous client whose interest may be affected, the solicitor may be unable to act. There are, however, circumstances where a former client may waive, whether expressly or impliedly, their right to object to the solicitor acting.

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Disclosure in an Ex Parte Recovery Application

Coleman Greig February 22, 2018

Ex parte proceedings refer to proceedings where one of the parties may not be present. The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.

Effect of Family Violence in Property Proceedings

Coleman Greig February 9, 2018

Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.

Family Law in Western Sydney – A Snapshot

Coleman Greig January 29, 2018

Penrith LGA is currently one of the hardest-hit areas in the state with regard to reports of domestic violence. Unfortunately, Penrith is not alone in these numbers – with the neighbouring Blacktown area showing the highest number of domestic violence incidents in NSW: with 2083 in the year up until March 2017.

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