Mcphee Lawyers

Tag Archives: Family Court

Family Violence and Cross Examination

by From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised.  Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer. Under the scheme, cross-examination will now be conducted by legal representatives. Unrepresented litigants
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How to save $1000's on your divorce or separation

by The financial cost of having a Court decide how property is to be divided or how children are to parented can be disproportionate to the value of property or the issues in dispute. The hours spent preparing for hearings, meeting with solicitors and barristers, and attending Court can cost tens of thousands in legal fees and Court fees. Cases often
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Man sues wife for negligence after jumping from their Mercedes Benz

Man sues wife for negligence after jumping from their Mercedes Benz

by A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, if she had applied the brakes when she saw he was about to jump, his injuries would have
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Am I in a de facto relationship?

by This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each other, not related and where, having regard to all the circumstances of their relationship, they have a relationship
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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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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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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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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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