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Rice and Asplund –  a discussion of principles

Rice and Asplund –  a discussion of principles Rice and Asplund There was some disagreement concerning the scope of the principles, and what is commonly…
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Fees increase for Federal Circuit Court

Fees increase for Federal Circuit Court of Australia Fee from 1 July 2018 FILING FEES Application for divorce $900 Application for divorce – reduced…
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Imprisonment for contempt of court orders

Imprisonment for contempt of court orders Faukland & Shikia [2016] FamCAFC 83 (25 May 2016) The following is annotated. Summary: Where the appellant appeals…
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ICL guidelines

ICL guidelines ICL  – In 2013 the Chief Justices of the Family Court of Australia, the Family Court of Western Australia and the Chief…
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The Future of Mediation and Litigation

The Future of Mediation and Litigation The following is offered by The Federal Court’s website: What cases are suitable for mediation? All cases, regardless…
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The attitude of legal professionals to mediation

The attitude of legal professionals to mediation It would be fair to say that lawyers have been amongst the strongest advocates both for and…
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What difference to litigation does mediation offer?

What difference to litigation does mediation offer? Laurence Boulle has accurately opined:25 Traditionally dispute resolution processes have had system-maintenance functions: in broad terms they…
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The emergence of mediation in the Australian context

The emergence of mediation in the Australian context It is not the purpose of this paper to engage in any discussion of the definition…
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“Disputes are not things: They are social constructs”

“Disputes are not things: They are social constructs” As Felstiner, Abel and Sarat opined “Disputes are not things: They are social constructs”1 Those same…
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What is the Rule of Law?

What is the Rule of Law? Robin Speed, President of the Rule of Law Institute of Australia offers the following as regards the rule…
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The Federal Circuit Court and Authorised Reports

The Federal Circuit Court and Authorised Reports As a busy trial court, the Federal Circuit Court has no authorised reports for its judgments, nor…
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Laws – what are they?

Laws – what are they? The existence of laws is fundamental to a society governed by the rule of law. However, the creation and…
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The Role of ‘Authorised’ Law Reports

The Role of ‘Authorised’ Law Reports As Holdsworth explains, ‘The authorised reports had the privilege of exclusive citation … In 1863 Lord Westbury laid…
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Law and ‘Digital Natives’

Law and ‘Digital Natives’ Digital Natives – The advent of large legal databases, available over the internet for instant access and research, coupled with…
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The ongoing need to ‘democratise’ the law

The ongoing need to ‘democratise’ the law Democratise the law – It is a fundamental principle of our legal system that ignorance of the…
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Federal Circuit Court – the “digital native”

Federal Circuit Court – the “digital native” The Federal Circuit Court is one of the few courts in the world that can be described…
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Evidence in chief – what you need to know

Evidence in chief – what you need to know 38. With the rise of written statements and affidavits filed in advance of a hearing…
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Advocate – being a Presence

Advocate – being a Presence 23. It has been said that without presence there is nothing at all. Presence is, however, a quality that…
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Advocates – what are the qualities?

Advocates – what are the qualities? Be a good listener 9. Good advocates are good listeners. They listen to witnesses and instructing solicitors before…
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Advocacy – what is the object?

Advocacy – what is the object? 1. Advocacy has a single object: persuasion. 2. If you persuade as an advocate you will generally win…
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“Presented as a couple” not enough

“Presented as a couple” not enough to establish de facto relationship At the outset it must be said that her Honour’s task in applying…
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Departure from child support assessment

DEPARTURE FROM CHILD SUPPORT ASSESSMENT – LEGAL PRINCIPLES The parents of a child have the primary duty to maintain that child and that duty…
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No discrimination in Criminal Law

No discrimination in Criminal Law Criminal laws that are passed entirely without inclusion of discriminating factors can, through the operation of that law, on…
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Enforcement of child support

ENFORCEMENT OF CHILD SUPPORT FACTS – ENFORCEMENT On 5 September 2017 a child support departure order was made fixing the annual rate of child…
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