Family Violence and Cross Examination

by Phillipa Kingswell 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
Tags: Cross Examination, Family Court, Family Law, Family Violence, Family Violence and Cross Examination Scheme, Federal Circuit Court
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How to save $1000's on your divorce or separation

by Phillipa Kingswell 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
Tags: Family Court, Family Law, Federal Circuit Court, Matrimonial Property, Parenting, parenting dispute, parenting proceedings, Practical Tips, Property, property proceedings, property settlement, Separation
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Sperm Donors and Parental Rights

by Phillipa Kingswell Women who rely on male friends to assist them to conceive with no expectation that the donor would become the child’s parent can rely on the Status of Children Act to have control over who is named legal parent of their child, however if an appeal to the High Court is successful then this certainty may disappear. Under State law
Tags: Assisted Reproductive Technology, Family Court of Appeal, Family Law Act, Federal Circuit Court, High Court, parental rights, Parenting, sperm donor, Status of Children Act
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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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