Man sues wife for negligence after jumping from their Mercedes Benz

by Arlene Stanovitch 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
Tags: De Facto Property, Divorce, Family Court, Family Law, Federal Circuit Court, Matrimonial Property, negligence, Property, property proceedings, property settlement, Separation
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Am I in a de facto relationship?

by Arlene Stanovitch 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
Tags: De Facto Property, De Facto Relationship, Family Court, Family Law Act, Federal Circuit Court, Property, property proceedings, property settlement, Time limits
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Federal Circuit Court of Australia and Family Court of Australia to be combined in 2019

by Arlene Stanovitch 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
Tags: Family Court, Family Law Reforms, Federal Circuit Court
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Valuation Disputes

by Arlene Stanovitch 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
Tags: Family Court, Family Law Act, Federal Circuit Court, Matrimonial Property, Property, property settlement, Single Expert, valuation disputes
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What's new in family law?

by Amy Chesnutt 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
Tags: Court Procedure, Family Law, Federal Circuit Court, parenting proceedings, property proceedings
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Calculating time in family law matters

by Amy Chesnutt 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
Tags: Consent Order, Court Procedure, De Facto Property, Enforcement, Family Court, Family Law, Family Law Act, Federal Circuit Court, Implementation, Marriage, Matrimonial Property, Property, Separation
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The Decision Is In … And You Don’t Like It:- The Ins and Outs of Filing an Appeal

by Amy Chesnutt 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)
Tags: Appeal, Court Procedure, Family Court, Federal Circuit Court, Practical Tips
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Who keeps Spot?

by Myles Walker The recent Federal Circuit Court of Australia decision in Downey and Beale [2017] FCCA 316 provides an interesting analysis of the Court’s jurisdiction to make Orders in relation to pets. The husband and wife in this matter were able to reach agreement regarding all financial issues between them save for one issue with respect to the ownership of their dog.
Tags: Contributions, Federal Circuit Court, Just and Equitable, Pets, Property
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The hidden cost of representing yourself in family law matters

by Myles Walker 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: Costs Order, Evidence, Family Court, Federal Circuit Court, Just and Equitable, Legal Fees, Self Represented
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Separation on overseas holiday! What happens? Hague Child Abduction Convention

by Crispian Carlowe 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: Australian Central Authority, Case Law Update, Child Abduction, children, Children Removed from Australia, Evidence, Extended Overseas Stay, Family Court, Family Law Act, Family Law Watchlist, Federal Circuit Court, Habitual Residence, Hague Convention, International Relocation, Parenting, Permanent Residence in Australia, Separation On Overseas Holiday, Travel or Relocate Overseas
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