Mcphee Lawyers

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Federal Circuit Court of Australia and Family Court of Australia to be combined in 2019

by The Federal Attorney-General has announced that the Federal Circuit Court of Australia and the Family Court will be combined in 2019. This will, it is said, result in more cases being heard each year. The logic of this is not apparent. It seems unlikely that, absent further funding for more judges, the combination of the courts will lessen the long
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The Perils of Binding Financial Agreements – Why is Independent Legal Advice important?

by Binding Financial Agreements are a useful tool in family law as it enables parties to forego the need to apply to the Family Law Courts for Orders regarding their property and spouse maintenance matters in the event of a relationship or marriage breakdown.  As set out in our blog, section 90G of the Family Law Act 1975 (“the Act”) provides
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Valuation Disputes

by One of the first steps in determining how property  should be divided is to identify and value the assets of the parties. Preferably parties are able to agree on the value of assets and no formal valuations are required. When parties cannot agree on a value then the Family Law Rules 2004 set out the procedure for appointing a single
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Barnaby’s Benched!

by Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
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Rules of the Court cannot be instruments of injustice

by In the case of Whooten v Frost [2017] FamCA 975, the Court was asked to consider whether it had jurisdiction to determine the Wife’s application for property Orders in circumstances where:-   The Wife’s application was filed electronically at 7.40pm after the Court Registry had closed; Having suffered a serious farming accident, the Husband died only hours after the application
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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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