Mediation in Family Law Matters

By |2024-05-15T03:25:35+00:00May 15th, 2024|FAMILY LAW|

Since the introduction of the Federal Circuit and Family Court of Australia (which replaced the previous Family Court system in 2021) there has been a greater focus on trying to resolve a dispute through mediation before approaching the Court and also once parties are participating in the Court system. It is now a requirement that parties attempt to engage in a dispute resolution process such [...]

The Family Law Amendment Act 2023

By |2024-02-14T01:20:30+00:00February 14th, 2024|FAMILY LAW|

The Family Law Amendment Act 2023 (Cth), assented to on 6 November 2023, brings significant changes to the law in relation to parenting and the way in which the Federal Circuit and Family Court of Australia (the Court) will determine parenting disputes.  Most of the changes to the law will apply from 6 May 2024. The government says it is aimed at making ‘Australia’s family [...]

Collaborative Practice in Family Law

By |2023-10-30T03:26:41+00:00October 30th, 2023|FAMILY LAW|

What is collaborative practice and how does it actually work? Collaborative practice is a recognised approach to resolving family law matters without resorting to litigation in Court. Collaborative practice focuses on achieving an end result that satisfies the particular priorities of the parties and their family, avoiding conflict throughout. It is suitable for both financial and parenting settlements. The process involves face-to-face meetings with your [...]

De Facto relationship separation: What you need to know

By |2023-06-09T03:01:16+00:00June 9th, 2023|FAMILY LAW|

A de facto relationship is a relationship in which the parties are not legally married to one another nor related by family and maintain a genuine relationship while living together for at least six months. Both same-sex and opposite sex relationships can be de facto.  A person can have multiple de facto relationships at the same time, or even be legally married while holding a [...]

Improvements in Family Law following the introduction of the new Court

By |2022-12-14T22:26:49+00:00December 14th, 2022|FAMILY LAW|

Prior to September 2021 family law disputes were heard by either the Family Court or the Federal Circuit Court depending on the nature and complexity of the case.  The two Courts were then merged to create the new Federal Circuit and Family Court of Australia with a single point of entry, intended to give families more efficient access to justice.  More than a year on, [...]

Why you need legal advice before being guarantor for a family member or friend’s loan

By |2022-07-20T23:05:18+00:00June 16th, 2022|FAMILY LAW|

If you are planning on assisting a family member or friend to obtain a loan by offering your own property as security for the loan – also known as being a guarantor – the bank/lender will usually require you to obtain independent legal advice first, so that the Bank can be assured you are fully aware of your rights and obligations. Being guarantor for someone [...]

International Child Abduction – Have you heard of the “Hague Convention?”

By |2022-04-08T00:04:10+00:00April 7th, 2022|FAMILY LAW|

With the reopening of Australia's international travel borders comes an increased risk that one parent will take their children overseas without the other parent's consent. Warring parents with links to, or extended families in other countries might be tempted to take their children out of Australia away from their former partner.  But, as the Family Court has noted 'Child abduction, as between separate and conflicted [...]

Providing financial assistance to family members or friends

By |2022-02-23T23:30:13+00:00February 23rd, 2022|ESTATE LAW, FAMILY LAW|

The concept of the “Bank of Mum and Dad” is one that has been frequently aired in the mainstream media in recent years.  The practice of obtaining financial assistance from parents or relatives has assumed prominence because of the rapidly rising prices of real estate in Australia and a community perception that, without such assistance, younger people may be unable to secure a foothold in [...]

How can I tell if my beneficiaries will argue about my estate when I am gone?

By |2022-01-12T02:56:13+00:00January 12th, 2022|FAMILY LAW|

Families will react to the loss of a parent in different ways but, having practised in estate law for almost 40 years our Greg Dickson, CEO and Accredited Specialist in Family/De Facto Law can identify a number of factors which are common to most families who argue about inheritances following the death of a parent. The following is not intended as an exhaustive analysis of [...]

Does your ex-partner repeatedly breach Family Court orders?

By |2021-12-15T04:36:31+00:00December 15th, 2021|FAMILY LAW|

Most people who are subject to Family Court orders comply with them but there are still many people who suffer the continuing torment of an ex-partner who repeatedly breaches orders. Non-compliance has been a long-standing problem for many who have received the benefits of orders by the Family Court, particularly those who have received parenting orders.   It is likely that you or someone you know [...]

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