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Relocation response to family violence

Relocation response to family violence Maddison & Maddison Legal Principles Applicable Although this is the interim hearing stage, the same principles apply at the…
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Undefended property proceedings and legal principles

Undefended property proceedings and legal principles Jefferson & Manley The nature of undefended property proceedings It is a significant thing for proceedings to be…
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Oral evidence of Family Consultant tested

Oral evidence of Family Consultant tested Morrow & Moseley Family Consultant’s oral evidence Dr Alexander identified the areas of Ms J’s report which she…
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Difficulties with out of time application overcome

Difficulties with out of time application overcome Yule & Manners The respondent here argues that the applicant’s case is sparse in particularised material in…
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Pornography addiction does not result in supervision

Pornography addiction does not result in supervision Nunes & Nunes Evidence Dr J, Psychiatrist’s Reports The father reported, inter alia, that during the marriage…
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Alignment of child with Mother

Alignment of child with Mother Beardsley & Shelford The Parents It is accepted by both parents that there is enormous conflict between them concerning…
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High conflict leading children to make allegations

High conflict leading children to make allegations Vaughan & Vaughan Are the children at risk of physical or emotional harm in the care of…
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No parenting orders in these children’s best interests

No parenting orders in these children’s best interests Niven & Ralph SUMMARY – Mother and father engaged in lengthy litigation for a period of…
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Animosity not a significant change of circumstance

Animosity is not a significant change of circumstance Alford & Clayton Relevant Law The definitive statement of the relevant principle comes from Evatt CJ…
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Advice is the key to success in family law

Advice is the key to success in family law Hillier & Olly My Determination Quite obviously, however, the litigation between Colgate-Palmolive Company and Cussons…
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Consideration of factors for relocation

Consideration of factors for relocation Saunders & Egerton ection 60CC considerations S60CC(2)(a) – The benefit to the child of having a meaningful relationship with…
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No legal representation causes delays

No legal representation causes delays Harty & Harty In 2015, property and maintenance proceedings were commenced in the Federal Circuit Court by Ms Harty…
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“Primary Carer” – language friend or foe?

“Primary Carer” – language friend or foe? Fourier & Anand PRIMARY CARER Through her solicitor, the wife asserted that she was the “primary carer”…
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Injunction issued – property settlement suspended

Injunction issued – property settlement suspended Camoes & Blizzard Summary – Father successful in preventing dissipation of property settlement funds after final property settlement…
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Power to order litigation funding

Power to order litigation funding Rabkin & Edsall RELEVANT LEGAL PRINCIPLES An application for the payment to a party of a sum of money…
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Risks to children result in no relationship with father

Risks to children result in no relationship with father Best interests – Where there are three children aged 16, 11 and nine – Where…
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Ignored directions to seek advice comes at a cost

Ignored directions to seek advice comes at a cost Walker & Sully and Anor The important matter to found the current dispute is that…
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Our Children Australia

Our Children Australia Children and co-parenting communications – Our Children Australia  is a unique communication portal that enables parents to appropriately communicate with each other….
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Advice for best results in family law

Advice for best results in family law Hillier & Olly My Determination Quite obviously, however, the litigation between Colgate-Palmolive Company and Cussons Pty Ltd…
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Funds sought to maintain legal representation

Newson & Gaffy SUMMARY – Husband’s application that the Wife provide him with a “fighting fund” to pay his legal fees in pursuing his…
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I just got an inheritance – does my ex have a claim on it?

Nikas  & Anthis [2015] FCCA 1871 (17 July 2015) Last Updated: 3 August 2015 FEDERAL CIRCUIT COURT OF AUSTRALIA  NIKAS  &ANTHIS [2015] FCCA 1871…
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Children and Domestic Violence – breaking the cycle

Children and Domestic Violence – breaking the cycle An interesting case where the Court (at the Mother’s request) restrained the Mother from living with…
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Your percentage of care affects your child support payments

Your percentage of care affects your child support payments The child support formula recognises shared parenting and the contribution each parent makes towards the…
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Do I need to file a case for property settlement?

Filing a case for property settlement A current “urban myth” in the community is that negotiation, rather than court, is the cheapest option to…

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