Family Law Blog | Freedom Family Law

I need a Recovery Order

Very frequently, we see clients who are in a situation where they need a recovery order, or they anticipate they may need a recovery…

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Domestic Violence Order

Help! I’ve been served with a Domestic Violence Order Application If someone has applied for a domestic violence order against you there are four…

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Right to choose

Right to choose Right of children to choose who they live with or spend time with doesn’t exist in family law. Children’s wishes are…

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Estimator for child support

Estimator for child support This estimator provides parents with an estimate of the child support they are to receive or pay, depending on the…

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My partner cheated on me

My partner cheated on me – what does that mean in family law? Lots of clients ask, and some even hope, that there is…

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What is a caveat and do I need to lodge one?

What is a caveat? A caveat is a document that is lodged with the Department of Natural Resources that prevents any other documents (like…

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How do I prepare for a Family Report interview?

Family Reports are written by appropriately qualified psychologists or social workers that are either appointed by and paid for by the family law courts,…

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Superannuation – how come I have to share it?

It is often a very difficult pill for clients to swallow when they receive legal advice in family law that their superannuation forms part…

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Disclosure – why do I need to tell the other party everything?

When going through property settlement negotiations, it is important that you make fully informed decisions. This isn’t possible if you don’t know what assets,…

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Family law system

Family law system Australia’s family law system helps people resolve the legal aspects of family relationship issues, including family relationship breakdown. It encourages people…

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Parenting Orders or Parenting Plans?

Parenting orders and parenting plans are used by separated parents to regulate their children’s time with each parent. Both are documents that set out…

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Recusal application dismissed

Recusal application dismissed Nimmo & Bush This is an application for recusal by the applicant of the Court on the grounds of conduct which…

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Setting aside a Binding Child Support Agreement

Setting aside a Binding Child Support Agreement Maher & Walsh The Australian Child Support Commentary provides: “[16-130] Change in circumstances — binding child support…

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Alcohol use by Mother a contributing factor

Alcohol use by Mother a contributing factor McGrath & Bean Mother’s Alcohol Use The evidence in the father’s Affidavit about the mother’s historical alcohol…

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Apprehended bias not established

Apprehended bias not established Nunes & Nunes REASONS FOR JUDGMENT The Applicant mother filed an Application in a Case on 10 October 2016 seeking…

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Vexatious litigant order prevents future proceedings

Vexatious litigant order prevents future proceedings Mealon & Mealon Conclusion The above discussion demonstrates that the wife has filed a number of proceedings in…

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Stay order for child support assessment dismissed

Stay order for child support assessment dismissed Strong & Strong & Anor Background The applicant and the first respondent are parents of two young…

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Superannuation split rejected by parties

Superannuation split rejected by parties Moffatt & Dobbs Contributions – superannuation Each party submitted that there should not be a superannuation split. However, neither…

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Work in progress is not property

Work in progress is not property Moffatt & Dobbs The wife asserted that the husband’s (omitted) Credit Union account balance should be recorded as…

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Submissions regarding hurt on duty

Submissions regarding hurt on duty pension Jasper & Thorp The parties submissions Both counsel made submissions about the appropriate outcome if the fund was…

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Confidentiality of communications in family dispute resolution

Confidentiality of communications in family dispute resolution FAMILY LAW ACT 1975 – SECT 10H Confidentiality of communications in family dispute resolution (1) A family…

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Seizure risk to child welfare

Seizure risk to child welfare considered Clough & Light What I am tasked to do here is balance this child’s right to a relationship…

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Redemption of superannuation during proceedings

Redemption of superannuation during proceedings Jasper & Thorp The effect of the redemption The difficulty of course is that the husband no longer has…

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