Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice. To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.
Unfortunately, sometimes matters ending up in the Family Court is inevitable. Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle. However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.
If you are a divorcee and your children don’t have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child’s safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.
Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won’t be taken into account in relation to the family law matter, although this is false.
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.
When the High Court disregarded the Binding Financial Agreement in the Thorne v Kennedy case of November 2017, discussion arose over whether pre-nups will hold up in court. Here’s what you need to know about the case.
One incredibly important question to ask within the context of Family Law matters is whether there is anything wrong with providing people with information specifically relating to your Family Law matter. Section 121 of the Family Law Act answers this question in some detail.
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.
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.
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.
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.
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.
Throughout the often-long process of family law proceedings, there are a number of areas of dispute that may arise with regard to shared property – as well as areas of ambiguity that accountants and their clients may face.
As of 1 March 2018, changes to the Family Law Rules come into effect. We recommend that you review the new rules and update your precedents and practices to reflect them.
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.
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.
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.
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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