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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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Assets of a lesser value disregarded

Assets of a lesser value disregarded Noakes & Fadden Assets of lesser value In Table K of his case outline the husband set out…
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Contributions to hurt on duty pension

Contributions to hurt on duty pension Jasper & Thorp Conclusion about contributions to the s.10 pension as it stood prior to 20 June 2015…
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Hurt on duty pension examined

Hurt on duty pension examined Jasper & Thorp Pool 3 – the husband’s s.10 pension By far the most difficult task is assessing contributions…
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Contributions by husband greater than wife

Contributions by husband greater than wife Drake & Drake Assessment of contributions Although the husband had somewhere between $193,565 or $151,565 coming into the…
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Hardship not established

Hardship not established Shale & Woolley Although the Court does not need to consider the issue of discretion as it has made a finding…
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Protocol for the division of work

Protocol for the division of work The Chief Justice and the Chief Judge have published this Protocol for the guidance of the legal profession…
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