UPDATE July 11th We are back in our office and are able to offer face to face appointments or remote appointments by phone or video conferencing as needed by our clients. As we want to keep our staff, clients and the broader community safe in this difficult time, we have decided to work from home…
Joint Practice Direction 1 of 2020 – Core Principles in the Case Management of Family Law Matters The Family Court of Australia and the Federal Circuit Court of Australia (“the family law Courts”) have recently released a Joint Practice Direction which applies to all family law applications filed with the Courts. The Joint Practice Directions…
The law’s approach to parenting matters significantly changed from 2006 with the commencement of the Family Law (Shared Parental Responsibility) Act 2006 prompting amendments to the parenting provisions (Part VII) of the Family Law Act 1975 (“the Act”). These amendmentsrepresented a generational change moving away from the traditional views of parenting. It is also influenced…
On 10 December 2018 the Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 received Royal Assent. It inserts a new section in the Family Law Act 1975 (Cth) – section 102NA which bans personal cross-examination in family law proceedings that involve allegations of family violence. Instead, the court will require the cross-examination…
Changing your child’s name – Can I change my child’s name to Princess Consuela Banana-Hammock? After going through a separation, it is not uncommon for parents to want to change the name of their child or children – usually the child’s surname. Generally, if both parents agree, the process is relatively simple. You can jointly…
The Australian Law Reform Commission (ALRC) has recently published their radical proposal in what could be a complete upheaval of the family law system. The ALRC makes 60 recommendations in which they outline various methods they believe could improve the Family Courts and legislation. This review is the first review of the family law system…
The Rules of Engagement: When the weddings bells won’t sing, who gets the ring? If you received a $15,000 + engagement ring, would you throw it in the bin? This was the question raised in the matter of Papathanasopoulos v Vacopoulos in the NSW Supreme Court. In 2005 Mr Vacopoulos proposed to Ms Papathonsopoulos, only…
The High Court has recently ruled that a sperm donor is a father*! *In certain cases. Despite the click bait title, don’t fret! This doesn’t automatically mean that every sperm donation you made that successfully resulted in a child makes you a father. This was a very particular case where the man who donated the…
THE RELATIONSHIP’S OVER, BUT I’M STILL A PARENT Your relationship may have come to an end, but that does not stop you from being a parent. Joint decisions will still need to be made about how to raise your child and about important long-term decisions such as schooling, important health matters, religious upbringing or moving…
