Mcphee Lawyers

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How did the children get their own lawyer?

by   The Court will appoint an Independent Children’s Lawyer (ICL) if the children’s interest require separate representation. This will be appropriate where: The conflict between the parties has the potential to harm the children; The children or the parents have a significant medical, psychological or psychiatric illness; Neither parent is able to provide adequate care for the children; Where there
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Parenting Plans - What are they? Considering entering into one?

by When separated parents agree on the future parenting arrangements for their children they do not need to go to Court for the agreement to be recognised. They have 2 options to reflect their agreement: enter a Parenting Plan; or enter into a Consent Order approved by a Court This blog focuses on Parenting Plans. The nature and requirements of a
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The Decision Is In ... And You Don't Like It:- The Ins and Outs of Filing an Appeal

by Court proceedings in family law matters typically follow the same process:- applications for property or parenting orders are filed, if matters are not resolved by consent (either at mediation or by direct negotiation), the Judge decides the outcome after a hearing/trial. At trial, the Judge will hear the evidence, as well as the legal submissions of (or on behalf of)
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Domestic Violence: A Practical Guide to Protection Orders

by Reports and articles about domestic violence have dominated our newsfeeds of late.  We know that hitting or physically hurting someone is not acceptable. But is domestic violence limited to physical abuse? The answer is no. Domestic violence is defined in section 8 of the Domestic and Family Violence Protection Act 2012 (Qld).  It can take many forms.  It is behavior
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Considering Arbitration?

by Delays in the Family Court and in the Federal Circuit Court are at an all-time high. With insufficient numbers on the Bench and overwhelming workloads for Judges in both Courts, it is becoming increasingly common for matters to be in the system for up to 3 years before judgment issues. I have attempted to answer some of the questions put
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News Flash: Variation to foreign residence CGT withholding tax

by On 15 July 2016, I wrote a blog on the then new 10% CGT withholding tax which came into effect on 1 July 2016 by virtue of the Tax Superannuation Laws Amendment (2015) Measures (No. 6) Act 2016. The Act intended to assist the Australian Taxation Office (ATO) in the collection of foreign investors’ Australian tax liabilities arising from the
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The hidden cost of representing yourself in family law matters

by It is common at the Family Law Court and the Federal Circuit Court for at least one party to be a self-represented litigant (“SRL”).   Litigants may choose to represent themselves for a range of reasons including: They cannot afford legal representation and do not qualify for a grant of legal aid. Some litigants simply have no other option; or
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Separation on overseas holiday! What happens? Hague Child Abduction Convention

by Many children in Australia have parents that were born in a foreign country. It is common for these families to travel to the home country with the children for holidays or for the parents together with their children to move overseas for an extended stay. What happens if a separation occurs while the family is outside Australia and one parent
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Judicial bias: The moral to the story

by Three of the 24 decisions of the Full Court of the Family Court released in August 2016 consider whether a judicial officer should be, or should have been, disqualified from determining a matter by reason of bias. To succeed, all three appellants were required to show that: “a fair-minded lay observer might reasonably apprehend that the judge might not bring
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