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Substance abuse means new care for child

Substance abuse means new care for child LOCKHARDT & SEARLE Substance abuse – Consideration The court received substantial assistance from counsel for the applicant, respondent…
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“Parent” – a review of meaning in genetic material donation 

“Parent” – a review of meaning in genetic material donation  Masson and Parsons & Ors The meaning of “parent” and s 60H of the Family Law Act The…
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Surname change to hyphenation for young child

Surname change to hyphenation for young child PORRITT & DUNFORD Surname change – The law I now turn to the law. As noted by…
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Books for children dealing with separation and divorce

Books for children dealing with separation and divorce ‘It’s Just Different Now’ Espie, Linda Spectrum Publications, Richmond 1999 – For children aged 3-7 years…
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Offsetting occupation and expenses

Offsetting occupation and expenses The Wife’s occupation of the matrimonial home and maintenance payments to the Husband The Husband sought that an adjustment by…
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Add backs – how are these treated?

Add backs – how are these treated? WHITE & WHITE [2019] FamCA 13 Add backs – The Husband’s removal of funds The Wife asserts…
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Domestic Violence Orders – Case Review

Domestic Violence Orders – Case Review KAO v DL [2017] QMC 16 (25 August 2017) Protection of the Aggrieved [64] Section 37(1)(c) DVFPA requires…
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Domestic violence – what does it look like?

What is domestic violence Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their…
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Family Law Reform and Family Violence

Family law reform and family violence Mary Anne Neilsen, Law and Bills Digest Key Issue Debate about family law has focused on how the…
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Most expensive family law case?

Most expensive family law case? Strahan & Strahan [2019] FamCAFC 31 (21 February 2019) REPRESENTATION COUNSEL FOR THE APPELLANT: Mr Hooper SC SOLICITOR FOR…
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Bank of Mum and Dad – getting it right

Bank of Mum and Dad – getting it right Great article by The Rub highlighting the importance of children in relationships getting Binding Financial Agreements…
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Tax debts – courts power to substitute debtors

Tax debts – courts power to substitute debtors Commissioner of Taxation v Tomaras [2018] HCA 62 (13 December 2018) KIEFEL CJ AND KEANE J….
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Death of spouse – property settlement proceedings too late

Property settlement proceedings cannot be filed after death of spouse Simonds (deceased) & Coyle [2019] FamCAFC 47 (26 March 2019) THE APPEAL The principal…
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Rectification of BFA upheld

Rectification of BFA upheld Rectification of the agreement (Grounds 1, 2, 4 and 5) The husband contended the Agreement’s rectification by the primary judge…
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Kennon claims are difficult to maintain

Kennon claims are difficult to maintain Keating & Keating [2019] FamCAFC 46 (21 March 2019) Turning then to Kennon, the rationale for a contributions adjustment as…
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Family Report Process

What is a family report and how is it used? The court or an independent children’s lawyer (if one has been appointed) may organise…
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DFRDB, MSBS and ADF Super

DFRDB, MSBS and ADF Superannuation Key points: DFRDB super closed to new members as of 1 October 1991; MSBS super closed to new members…
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Baptism Order found to be “procedurally unfair”

Baptism Order found to be “procedurally unfair” Was the order for the baptism of the child procedurally unfair? (Ground 3) As we have seen,…
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Briginshaw test and what it means for family law

Briginshaw test and what it means for family law “There is no mathematical scale according to which degrees of certainty of intellectual conviction can…
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Jones v Dunkel Rule – what does it mean?

Jones v Dunkel Rule – what does it mean? After the judge had finished summing up a juryman asked a direct question seeking further…
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Overseas divorce – property settlement time limit does not apply

Overseas divorce – property settlement time limit does not apply CONCLUSIONS In my view, the legislation is clear. “Divorce order” relates to a divorce…
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Siblings reunited to live with their father

Siblings reunited – although siblings living separately to each other at time of final hearing, their best interests lay in living together with their…
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Making decisions for your children when you separate

Making decisions for your children when you separate Sometimes parents feel that it is best for children to make up their own minds about…
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Messy separations – how to avoid hurting the children

Messy separations – how to avoid hurting the children Things to avoid Children are usually very loyal and trusting so it is important to…
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