Mcphee Lawyers

Tag Archives: Evidence

Be careful what you say

by   In the case of Jasper & Corrigan (2) [2007] FCCA Judge Altobelli considered whether recordings of discussions made by the Applicant about the nature of her relationship with the Respondent could be admitted into evidence. The Applicant claimed that the recordings were relevant to determine whether the parties were in a de facto relationship.   The Respondent contended that
Tags: , , , , ,
Read More

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 They
Tags: , , , , , ,
Read More

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
Tags: , , , , , , , , , , , , , , , , ,
Read More

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
Tags: , , , , , , , , , ,
Read More

To vaccinate or not – let's look at Arranzio & Moss [2015] Fam CA 544

by The issue of vaccinating children is a hot topic currently particularly given the impact it now has on Government benefits. The Family Court of Australia in the matter of Arranzio & Moss [2015] Fam CA 544 touched on the issue. This was a parenting dispute in relation to a 6 year old boy. The parties had diametrically opposed parenting approaches. 
Tags: , , , , , ,
Read More

Kern & Kern [2014] FCCA 1108 (30 May 2014) – Undervalued gift of real estate? Wife, her Father and his company referred to Office of State Revenue for Investigation

by This case is an example of where the interests of the State Revenue Office can be raised. The parties were married for 9 years and a major issue was whether substantial gifts from the wife’s family were to her alone or to the husband and the wife.  The wife argued that her contributions to the marriage were greater than that
Tags: , , , , , , , ,
Read More

Just because you can, doesn’t mean you should: Unlawful Actions and Family Law

by Temptation is, well, tempting isn’t it? Especially where you are involved in a bitter dispute with an ex. who deserves everything they get. But remember, time passes and revenge is a dish best served cold. Also, keep yourself nice. So if you are thinking of yielding to committing the following unlawful acts, here’s some suggestions for resisting the temptation but
Tags: , ,
Read More

Jensen v Jensen: Application Dismissed

by We’ve all heard the media hype surrounding the Canberra couple, Nick and Sarah Jensen, who pledged to divorce if same sex marriage is legalised in Australia. In essence the couple, who claim to have a perfectly intact marriage and intend to continue their relationship, have vowed (no pun intended) to divorce if same sex marriage is legalised. Regardless of your
Tags: , , , , , ,
Read More
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
Tags: , , , , ,
Read More