Mcphee Lawyers

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Grandparent Rights When Parents Separate

by The Family Law Act is the source of power to make Parenting Orders for responsibility for making decisions for a child, about where they live, who they spend time with, their education, health and other long term care and welfare matters. Since 2000, grandparents have been specifically identified as persons, who apart from parents, may apply for parenting orders under
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Family Violence and Cross Examination

by From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised.  Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer. Under the scheme, cross-examination will now be conducted by legal representatives. Unrepresented litigants
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How to save $1000's on your divorce or separation

by The financial cost of having a Court decide how property is to be divided or how children are to parented can be disproportionate to the value of property or the issues in dispute. The hours spent preparing for hearings, meeting with solicitors and barristers, and attending Court can cost tens of thousands in legal fees and Court fees. Cases often
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What is a non-financial contribution and why does it matter?

by When parties to a relationship start their lives together and through hard work, and some luck, they build up their savings and acquire property and superannuation, how are their contributions measured if the decision is made to separate and divide what they own? Financial contributions such as having the deposit for the first home or owning a block of land
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Rectifying Defective Binding Financal Agreements – Graham & Squibb

by In the recent case of Graham & Squibb [2019] FamCAFC 33 (2019) FLC 93-892, the Full Court of the Family Court of Australia considered an appeal on the question of whether a Binding Financial Agreement was effective to protect he pre-marital assets of the parties from claim. The Husband and Wife married in July 2008.  Shortly before the marriage, the
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Which Contact Centre is the right Contact Centre?

by When a Court orders that a parent’s time with a child should be supervised it generally means that there are serious allegations in relation to the safety of the child. The place where the parent and child meet or in some cases where changeover happens, should be safe and staffed by people with experience and skills in child protection. Supervisors
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Sperm Donors and Parental Rights

by Women who rely on male friends to assist them to conceive with no expectation that the donor would become the child’s parent can rely on the Status of Children Act to have control over who is named legal parent of their child, however if an appeal to the High Court is successful then this certainty may disappear. Under State law
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14 years and $40,000,000 later - the most expensive divorce in Australia has finally concluded!

by The Family Court of Australia has finally ended Australia’s most expensive divorce. The case of Strahan & Strahan is exhausting.  The parties’ married in 1994 and separated in January 2005.  They divorced in 2006. Shortly after separation in 2005, the Wife filed proceedings seeking property Orders in the Family Court of Australia.  The fact that the litigation lasted longer than
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Superannuation Splitting Orders - Bulow v Bulow

by In property proceedings, the Court may make such orders as it considers appropriate in relation to the property of the parties of the marriage or relationship, which may alter the interests held.  It is, however first necessary to identify and value the existing legal and equitable interests each (or both) of the parties have in the property of the parties
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Cryptocurrency and Family Law

by Even though bitcoin has been around for at least 10 years it is a relatively new concept.  There is very little precedent in family law around cryptocurrency and its impact on family law related matters such as valuation, taxation consequences and disclosure issues.   So what is crypto currency? Cryptocurrency is a kind of digital currency, virtual currency or alternative
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