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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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Trust, mistrust and parental capacities

Trust, mistrust and effect upon expectations as to future parental capacities CONCLUSIONS ABOUT THE MOTHER’S MENTAL HEALTH AND PERSONALITY VULNERABILITIES On the evidence available…
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Appealing – what are the time limits?

Appealing – what are the time limits? Appealing – what to do and when 1. Preparing your appeal You prepare your appeal by completing…
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Appeal – what’s involved?

Appeal – what’s involved? What is an appeal? An appeal is not a rehearing of the original dispute. For your appeal to be successful,…
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The Police conclusion – “very unlikely”

The Police conclusion – “very unlikely” a sexual offence occurred Officer S decided that, because E was, in his view, unable to adequately particularise…
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Unsupervised time an unacceptable risk?

Will unsupervised time with the father expose the children to an unacceptable risk of harm? The mother does not allege that the father has…
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Benefit to the children of a meaningful relationship

The benefit to the children of a meaningful relationship with both parents – a prospective approach The preferred interpretation of ‘benefit to a child…
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Reforms for the Family Law Courts

Reforms for the Family Law Courts Queensland Law Society president Ken Taylor on Wednesday 30 May 2018 said he stood with the Law Council…
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Child support applications of both parents dismissed

Child support applications of both parents dismissed Application for departure – Competing applications for departure from the current child support assessment the father is…
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Meaningful relationship with father causes emotional harm

Meaningful relationship with father would cause risk of emotional harm to children Meaningful relationship Everyone is now in Court. I will order, consistently with…
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Re-interviews of children not in their best interests

Re-interviews of children not in their best interests 15. In this matter, the children have attended a number of examinations with experts and counsellors….
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Drawdowns on mortgage for child support and legal fees added back

Drawdowns on mortgage for child support and legal fees added back Drawdowns The third position however is more disconcerting. Disclosure by the applicant of…
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Costs ordered against mother for witness failure

Costs ordered against mother for witness failure Costs Section 117 of the Act sets out the default position that each party bears their own costs,…
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