Mcphee Lawyers

Tag Archives: Court Procedure

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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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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Who Pays The Costs?

by There is no dispute that Court proceedings can be a very expensive exercise.  Not only does it cost you time (there are a usually several preliminary Court dates before your actual hearing), but it can also cost you a lot of money.  So who pays for your legal fees? The general rule under the Family Law Act 1975 is that
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Getting your Application for Divorce Right

by Possibly the simplest application you can file in the Family Law Courts is the Application for Divorce.  The grounds for and requirements of a divorce are fairly straight forward, and the documents you need to file are not overly complex. Given same, the humble Divorce is arguably the easiest Application to get completely wrong.  Either the documents are completed incorrectly,
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Short Term Gain, Long Term Pain: Why breaching Parenting Orders does not work

by Did you read the articles about Rebecca Minnock, the Somerset, England woman who “did a runner” with her 3-year old son when the Court ruled against her in parenting proceedings? Minnock and the child’s father had been engaged in a legal battle regarding his contact with the child.  In February 2015, the Court ruled she had fabricated allegations to obstruct
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