Mcphee Lawyers

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Reach agreement and formalise your settlement before something happens

by The case of Holland and Holland [2017] FAMCAFC 166 is a strong example of why property matters should be resolved and formalised as soon after separation as possible. In this case the husband inherited a house from his brother’s estate, worth approximately $715,000, some three and a half years after separating from the wife. At first instance the trial Judge
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Practice Management Hearings

by The delays experienced by some parents involved in parenting proceedings before the Federal Circuit Court and Family Court are leading to tragic outcomes for parents and children. For the Judiciary who have been appointed to make parenting Orders that are in the best interests of children, it is a sad irony that the family law system’s inability to resolve matters
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What's new in family law?

by The Federal Circuit Court of Australia has issued a new practice direction setting out arrangements for the management of interim proceedings in family law matters. The Practice Direction commences on 1 January 2018, and can be found on the Court website here, No. 2 of 2017 Interim Family Law Proceedings (from 1 January 2018). The Practice Direction applies for all
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Calculating time in family law matters

by Ensuring compliance with Court Orders can be a tricky beast if you do not know what you are doing.  Usually, there are consequences contemplated in the Orders if a party fails to comply with an action by a particular date/time.  A crucial, but often overlooked, part of all family law proceedings is correctly calculating the time by which actions provided
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Re Kelvin: Transgender Children and the Family Court

by In a specially convened Full Court of the Family Court of Australia session on Thursday 30 November 2017, the five appeal division Judges handed down judgment in relation to the Family Court’s involvement in the authorisation of medical treatment for transgender children. In a unanimous decision, the Full Court held that it is no longer necessary to seek a determination
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Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
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Congratulations to Myles Walker on achieving specialist accreditation!

by McPhee Lawyers is happy to announce that Myles Walker has successfully completed his specialist accreditation in Family Law this year and is now recognised by the Law Society as an Accredited Specialist in Family Law. The Queensland Law Society Specialist Accreditation Program is offered in 10 areas of speciality, including family law.  Gaining specialist accreditation is a great professional achievement.
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Have you seen our snail ad?

by You may have seen our snail ad around town recently. If you did we hope you had a chuckle. If however, you feel like the snail with no shell why don’t you consider coming in to see one of our family lawyers for advice about your property entitlements? Our initial consultation gives you the time and opportunity to feel comfortable
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Be careful what you say

by   In the case of Jasper & Corrigan (2) [2007] FCCA Judge Altobelli considered whether recordings of discussions made by the Applicant about the nature of her relationship with the Respondent could be admitted into evidence. The Applicant claimed that the recordings were relevant to determine whether the parties were in a de facto relationship.   The Respondent contended that
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Direct cross examination and family violence

by Direct cross‑examination is where a party to proceedings asks questions of another party in the proceedings personally, rather than having questions asked by a legal representative. The Council of Australian Governments (COAG) hosted a National Summit on reducing violence against women and their children in October 2016. Participants agreed that perpetrators of family violence should not be able to directly
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