Mcphee Lawyers

Tag Archives: Family Law

Grandparent Rights When Parents Separate

by The Family Law Act is the source of power to make Parenting Orders for responsibility for making decisions for a child, about where they live, who they spend time with, their education, health and other long term care and welfare matters. Since 2000, grandparents have been specifically identified as persons, who apart from parents, may apply for parenting orders under
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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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Superannuation Splitting Orders - Bulow v Bulow

by In property proceedings, the Court may make such orders as it considers appropriate in relation to the property of the parties of the marriage or relationship, which may alter the interests held.  It is, however first necessary to identify and value the existing legal and equitable interests each (or both) of the parties have in the property of the parties
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What is a Family Report?

by A Family Report is a report written by an independent expert to assist the Court in determining what parenting arrangements would best meet the interests of the child or children who are the subject of a parenting dispute. Report writers are usually experienced social workers or psychologists who are either in private practice or employed directly by the Court. When
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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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A Lesson in Indemnity Costs Orders

by As set out in our previous blog post, the recent case of Graft & McCormick (Costs) [2018] FamCAFC 82 is a timely reminder that you should consider your prospects of success in every application you make (or defend) to the Court and to ensure that your proceedings are drafted correctly. What happened? At first instance, Graft & McCormick concerned four separate
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There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
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Barnaby’s Benched!

by Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
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