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Who Should Supervise Contact in Parenting Matters? Court prefers commercial supervision agency over father’s fiancee

Who Should Supervise Contact in Parenting Matters? Court prefers commercial supervision agency over father’s fiancee

by In the parenting case of Joelson v Joelson [2014] FamCA 788 the father had a history of being prescribed antidepressant medication, had threatened suicide and he was the subject of a police report expressing “genuine fears that [he] will snap and hurt himself and anyone he holds responsible for the demise of his relationship”. The single expert psychiatrist in this case
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Australia v New Zealand:  Introducing the Trans-Tasman Proceedings Act 2010

Australia v New Zealand: Introducing the Trans-Tasman Proceedings Act 2010

by Australia and New Zealand have always had a close relationship. It is not uncommon for parties to have lived and/or owned property in both jurisdictions. So what happens when things fall apart, parties separate and orders are made in either Australia or New Zealand? Both Australia and New Zealand have introduced legislation aimed at facilitating recognition of civil orders made
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What’s in a Name?  Changing your name after separation or divorce

What’s in a Name? Changing your name after separation or divorce

by It is not unusual for one spouse to take the other spouse’s surname after marriage.   In Queensland, after you marry, you do not necessarily need to go through the official name change process.  Rather, you can use your registered marriage certificate as an official proof of identity document when advising organisations about your name change.  The exception to this
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Where there’s a will there’s a? – A few things to do when you separate

Where there’s a will there’s a? – A few things to do when you separate

by There was a report in the press recently about a young man dying and his wife inheriting the whole of his estate under the terms of his will. Nothing remarkable there? Well, there was actually because the young man had been separated from his wife for in excess of 15 months, had effected a property settlement and had re-partnered. But
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No Guarantees – Even in a Long Relationship

No Guarantees – Even in a Long Relationship

by In the Western Australian case of Fielding and Nichol (2014) FLC 93-617, Thackray CJ dismissed an application brought by the de facto husband in a 12 year relationship. Relying on s79(2) (requiring the Court not to make an order unless  it is satisfied in all the circumstances it is just and equitable to do so) and applying the recent case
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Maybe you should be ‘a hell of a lot carefuller’: Defamation, Facebook and Family Law

Maybe you should be ‘a hell of a lot carefuller’: Defamation, Facebook and Family Law

by Clients often ask us if they can sue their former spouse for defamation, particularly after reading hurtful statements in court documents. Defamation is injuring the esteem in which a person is held by the community – the test is would an ordinary, reasonable reader think less of the person as a result of the statements.  It follows that a person
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Investment Properties – Capital Gains Tax and Family Law

Investment Properties – Capital Gains Tax and Family Law

by An investment property can form part of a property pool in a family law dispute. Such properties are held in the names of one or both of the parties, with relatives, or in the name of a corporate entity. If the property was acquired after 19 September 1985, a transfer of the property will generally be a Capital Gains Tax
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New Year, New Rules: Introducing the Domestic and Family Violence Rules 2014

New Year, New Rules: Introducing the Domestic and Family Violence Rules 2014

by On 28 February 2015, the Domestic and Family Violence Rules 2014 (the DFVP Rules) will come into effect. The DFVP Rules are stand-alone rules and will apply to all proceedings, except appeals, under the Domestic and Family Violence Protection Act 2012.  Proceedings under the Domestic and Family Violence Protection Act 2012 include applications for or to vary Protection Orders, offences
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Is your parenting Order final?

Is your parenting Order final?

by In a unanimous decision, the Full Court in Morton v Berry [2014] FamCAFC 208 remitted a parenting matter for rehearing before a Judge following an appeal against a first instance judgment where the a father’s application to vary a parenting Orders made by consent some 2 ½ years prior had been dismissed. The Judge at first instance dismissed the application
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