In the recent case of Testa v Fields , the court, while making a decision about the best interests of a child, addressed concerns of family violence by the father to the mother. The court accepted that by denying the mother access to their bank accounts, he was financially abusing the mother. The court labelled this as controlling conduct. The father also cut the gas and electrical connections to the granny flat where the mother was living.Continue reading Financial Abuse
A recent case between a husband (Mr Scarffe) and a wife (Ms Obannon) who had recently separated, shows how family law proceedings can play out across two different countries.Continue reading International Property and Family Law Proceedings in Australia
You and your ex are on good terms and you have agreed as to who will keep the boat and who will keep the house. There are two ways to sever your financial relationship with your former partner when your marriage or de facto partnership comes to an end and that is by way of a Binding Financial Agreement or Orders of the Court. Orders of the Court can be obtained one of two ways – either after a contested trial or by consent.Continue reading So you think you and your ex are amicable? Read this before you sign on the dotted line.
Property settlements can be a difficult stage in finalising family law matters, especially when other financial resources may affect the property pool such as superannuation. The law treats superannuation as a different type of property and it is important that you know how the superannuation splitting law that governs this area may apply to you in your property settlement.
Sometimes, after a separation, one parent is desirous of relocating with the children. Be it another suburb, another State or another country, there may be detrimental consequences if the relocation is not executed pursuant to the law. Here are some things you need to consider if you are a parent wanting a sea-change when your ex-spouse is resistant to the move. Continue reading Relocation After Separation
There has been some commentary in relation to the imprisonment of Parties embroiled in the Family Law system. Recently, the Full Court of the Family Court of Australia overruled a decision where a Father had been ordered to serve a term of imprisonment for 12 months for failing, refusing or neglecting to provide full and frank disclosure in a property matter. Continue reading Imprisonment In Family Law Matters
For most members of the general population, the Australian Government’s new online health database will simply be a convenient centralised electronic catalogue, containing patients’ information and histories, available for access by authorized health professionals. The My Health Record system, which is opt-out Continue reading My Health Record: Potential safety risks for victims of domestic violence
As of 1 January 2019, separated partners who have initiated proceedings in the Federal Circuit Court in relation to their parenting or property matters may seek a Judicial Mediation.
This means that a judge may act as a mediator on a matter which is not in their docket. Continue reading Judicial Mediation for Family Law Matters
Don’t Litigate, Mediate!
One of the misconceptions about the law that some people may have is that the courts are often the only forum through which disputes can be settled within our legal system. This is most definitely not the case. Continue reading Advantages of Mediation