Family Law

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Waiving the right to object to a conflict of interest

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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Key Changes to the Family Law Rules

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.

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Disclosure in an Ex Parte Recovery Application

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.

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Effect of Family Violence in Property Proceedings

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.

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Family Law in Western Sydney – A Snapshot

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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