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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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Who won the lottery?

Who won the lottery?

by In October, 2014 the Full Court of the Family Court of Australia considered an appeal in relation to a post separation lottery win by the Wife of $6 million. The winning ticket had been purchased by the Wife from monies that may have been drawn from the parties business and paid to her as a loan (a similar payment having
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Australian Bureau of Statistics: Marriages and Divorces in 2013

Australian Bureau of Statistics: Marriages and Divorces in 2013

by On 26 November 2014, the Australian Bureau of Statistics (ABS) published data and information about marriages registered and divorces granted in Australia in 2013. Although the resident population of Australia increased by 407,027 from 2012 to 2013, the number of people choosing to marry continues to decrease. Of the people who married in 2013, 76.6% of couples lived together prior
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Varying a Temporary Protection Order

Varying a Temporary Protection Order

by Why vary a Temporary Protection Order? An aggrieved person may want to seek a variation of a Temporary Protection Order so that they are provided with greater protection from the Respondent. A Respondent may also seek a variation. If the Police have acted for you when you were granted with a Temporary Protection Order and you are considering varying the
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