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Family Violence and the Family Law Act

Family Violence The Australian Government is firm in its view that family violence is unacceptable and cannot be tolerated. The Australian Government is committed…
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Family Law Council

Family Law Council The Family Law Council advises and makes recommendations to the Attorney-General about: the workings of the Family Law Act and other…
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Family relationship services

Family relationship services A range of support services are available to help separating and separated parents. These services offer support and education to families…
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Getting married in Australia

Getting married The following information is contained on this page: Marriage equality Getting married in Australia Registered relationships Getting married overseas A list of…
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Practice Direction for size and filings of affidavits as at 1 Jan 2018

Practice Direction No 2 of 2017 Interim Family Law Proceedings   Part 1 Preliminary 1. This Practice Direction sets out arrangements for the management…
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Maternal Grandmother under Cross-examination by Counsel for the Independent Children’s Lawyer

Maternal Grandmother Under Cross-Examination by Counsel for the Independent Children’s Lawyer Maternal grandmother: The maternal grandmother said that when Mr G died in 2015…
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Maternal grandmother gives evidence about her care of the child

The Evidence of the Maternal Grandmother The maternal grandmother adopted her affidavits as true and correct. Under cross-examination by counsel for the father she said…
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Cross-examination of the Father by Counsel for the Independent Children’s Lawyer

Cross-Examination of the Father by Counsel for the Independent Children’s Lawyer The father said his mother was prepared to come to court and she…
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Cross-examination of Father by Counsel for the Mother

Cross-examination of Father by Counsel for the Mother The father indicated that the mother had been drinking whilst she was pregnant. He was asked…
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How are disputed and untested allegations of family violence to be treated at interim hearings?

How are disputed and untested allegations of family violence to be treated at interim hearings? In the Full Court’s recent decision in Saleh & Saleh [2016]…
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Criminal history of violence, drugs and incarceration must be disclosed

Criminal history of violence, drugs and incarceration must be disclosed The Father sought interim Orders, including a location order, a recovery order, equal shared…
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Undue influence and binding financial agreements

Undue influence and binding financial agreements  On 8 November 2017, the High Court unanimously allowed an appeal from the Full Court of the Family…
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When is expert opinion not expert or not admissible in parenting cases?

When is expert opinion not expert or not admissible in parenting cases? The mother exhibited a letter dated 28 March 2017 addressed by Ms…
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Equal time contraindicated by parents conduct

Equal time contraindicated by parent’s conduct Equal time – Assessment of the evidence As is often the case there is much in dispute between…
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Time limit to start property settlement proceedings upheld against husband

Time limit to start property settlement proceedings upheld against husband Property – application for leave to institute proceedings pursuant to section 44(3) refused –…
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Protection of the Aggrieved – what is necessary or desirable?

Protection of the Aggrieved – what is necessary or desirable? [64] Section 37(1)(c) DVFPA requires that the court be satisfied that “the protection order…
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Contributions assessment presented in detail to Court

Contributions assessment presented in detail to Court Much of the wife’s case was based on painstakingly calculating specific contributions made by each of the…
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Criticism by Court of Parties’ Motives

Criticism by Court of Parties’ Motives Introductory – The Issues to be Determined On 14 September 2016, I issued judgment in this matter. These…
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De facto relationship found by lower court judge without error

De facto relationship found by lower court judge without error Ms Cuan (“the appellant”) appeals from a decision of Judge Baumann given on 18…
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Power to alter orders without a significant change of circumstance?

Power to alter orders without a significant change of circumstance? Thus, it seems clear that even where the evidence demonstrates a material change since…
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Significant change of circumstances needed to change orders

Significant change of circumstances needed to change orders Relevant Legal Principles These are parenting proceedings which are to be determined by the provisions of Part…
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Non-Functioning Equal-Time Arrangement

Non-Functioning Equal-Time Arrangement If I am to make an order for equal parental responsibility, which I propose to make, I am required by section 65DAA to…
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Additional considerations – in particular the children’s views

Additional considerations – in particular the children’s views The child’s views This consideration is set out in s.60CC(3)(a) as follows: “(a) any views expressed…
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Principles applicable to ex parte recovery applications

Principles applicable to ex part recovery applications It appears clear that the Applicant misled the State Magistrate and the solicitors for the Applicant, at…
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