Mcphee Lawyers

Tag Archives: Federal Circuit Court

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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What's new in family law?

by 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
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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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The Decision Is In … And You Don’t Like It:- The Ins and Outs of Filing an Appeal

by 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)
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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
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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
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Great Scott! Can the Court order a property settlement after 30 years of separation?

by It is not often that the tabloid newspapers report on family law matters, particularly matters at first instance, however the recent Federal Circuit Court of Australia judgment of Scott & Scott [2016] FCCA 1659 was featured in the Daily Mail Australia on 13 July 2016. While not a landmark decision, the Scott case is a timely reminder that disputes about ownership of
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