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Posted by
Teresa Dodaro
on 24 Nov 2020
In our latest Family Law blog, Senior Associate Teresa Dodaro outlines the considerations and consequences in a recent case where the wife challenged the financial agreement that had been in place for many years.
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Posted by
Teresa Dodaro
on 9 Nov 2020
In our latest Family Law Blog, Senior Associate Teresa Dodaro outlines a recent case where a mother was found to have acted reasonably in withholding her child from the father due to a medical certificate which was obtained.
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Posted by
Teresa Dodaro
on 22 Oct 2020
In our latest Family Law Blog, Senior Associate Teresa Dodaro outlines what to consider when applying to the Court for an exclusive occupation order.
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Posted by
Carli Heald
on 25 May 2020
In our latest Family Law Blog, Lawyer Carli Heald explains what you need to know about Non-Agency Child Support.
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Posted by
Malcolm Gittoes-Caesar
on 25 Mar 2020
In our latest Family Law Blog, Principal/Director Malcolm Gittoes-Caesar outlines the additional considerations the Court will need to take into account due to Covid-19 and the best interests of a child.
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Posted by
Malcolm Gittoes-Caesar
on 25 Mar 2020
In our latest Family Law Blog, Principal/Director, Malcolm Gittoes-Caesar covers the topic of parenting orders during COVID-19 and what a "reasonable excuse" might look like when dealing with a global pandemic.
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Posted by
Suzanne Lang
on 25 Mar 2020
In our latest Family Blog, Lawyer Suzanne Lang outlines the steps someone can take if they are experiencing family violence and are in isolation due to the COVID-19 situation.
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Posted by
Madison Kelly
on 11 Mar 2020
In our latest Family Law Blog, Lawyer Madison Kelly explains the implications that Apprehended Domestic Violence Orders can have on your family law matter, whether you are the protected person or the defendant.
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Posted by
Jacob Smith, Nicole Pearce
on 17 Oct 2019
If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.
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Posted by
Jacob Smith
on 3 Oct 2019
The Courts have determined that family violence can have a significant impact on a party’s contributions to a relationship and what parties will ultimately receive at the conclusion of any property proceedings.
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Posted by
Madison Kelly
on 3 Apr 2019
It is important for parties to a family law matter to keep in mind that rogue social media posts can often be a relatively quick and effective way of providing evidence in support of a disputed fact. This is particularly relevant within the context of parenting cases, where the best interests of the child are of paramount concern.
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Posted by
Malcolm Gittoes-Caesar
on 21 Dec 2018
Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice. To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.
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Posted by
Madison Kelly
on 26 Nov 2018
When two parties decide to separate, it is important to keep in mind that time is of the essence. Both the Family Law Act and the associated court rules require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.
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Posted by
Malcolm Gittoes-Caesar
on 6 Aug 2018
One incredibly important question to ask within the context of Family Law matters is whether there is anything wrong with providing people with information specifically relating to your Family Law matter. Section 121 of the Family Law Act answers this question in some detail.
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Posted by
Malcolm Gittoes-Caesar
on 24 Jul 2018
Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.
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Posted by
Malcolm Gittoes-Caesar, Kirstie Barfoot
on 8 Jun 2018
In the third and final part of our same-sex marriage blog posts, we take a look at what the introduction of same-sex marriage means for parenting matters in Australia.
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Posted by
Malcolm Gittoes-Caesar, Kirstie Barfoot
on 29 May 2018
In part two of our same-sex marriage blog posts, we discuss what same-sex marriage means for property proceedings. Overall, the introduction of same-sex marriage will see same-sex couples have greater access to legal protections surrounding both financial and parenting matters.
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Posted by
Malcolm Gittoes-Caesar, Kirstie Barfoot
on 4 May 2018
You may be thinking that it will be a while before same-sex couples start filing for divorce, although there are many couples in Australia who have been married for a significant period of time.
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Posted by
Karina Ralston
on 9 Feb 2018
Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.
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Posted by
Kirstie Barfoot
on 11 Dec 2017
Rumours have circulated concerning whether the prenuptial agreement surrounding the separation of Tom Cruise and Katie Holmes contained a clause that prohibited Katie from ‘dating publicly’ for five years. Whilst including clauses that are novel and unusual may seem appealing in Hollywood, it’s simply not appropriate in most jurisdictions.
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Posted by
Karina Ralston
on 25 Nov 2015
In recent years there has been increasing awareness about domestic and family violence, and its prevalence within our society. It’s now recognised that domestic and family violence goes beyond physical violence to encompass various types of behaviours and as such, significant changes were made to the Family Law Act in July 2012.
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Posted by
Karina Ralston
on 13 Aug 2015
In a joint statement, released Tuesday 4 August 2015, Kermit said “After careful thought, thoughtful consideration and considerable squabbling, Miss Piggy made the difficult decision to terminate our romantic relationship.” What happens when couples separate, and have a joint business or enterprise from which they both derive income?
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Posted by
Malcolm Gittoes-Caesar
on 18 Jun 2015
Given the prevalence of blended families and other less traditional (for want of a better term) family arrangements, the concept of a nuclear family in 2015 is at best blurred and, more likely, irrelevant. There is often confusion about how the Courts can assist in allowing a person to have a child live with them, spend time with them or otherwise seek a Parenting Order.
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Posted by
Malcolm Gittoes-Caesar
on 5 Jun 2015
It is a reality during the course of any given relationship that you may receive an inheritance. If you do, it is important to note how an inheritance may be treated in the event of a relationship breakdown.
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Posted by
Malcolm Gittoes-Caesar
on 22 May 2015
In today’s society, it’s common for many couples to live together without tying the knot so how do you define these relationships in a legal sense? You are considered to be in a de facto relationship with someone if you satisfy three criteria set out by the Family Law Act 1975 (Cth).
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Posted by
Malcolm Gittoes-Caesar
on 21 Apr 2015
It is common place, particularly in acrimonious property proceedings, that one party will seek to dispose of assets or otherwise arrange their financial affairs with a view to preventing the other person from receiving a share of an asset, or all of the assets, of a relationship. Should this be the case, a person has the ability to apply to the Court for certain behaviour to be restrained, or, if a transaction has already taken place, to reverse that transaction in certain circumstances.
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Posted by
Malcolm Gittoes-Caesar
on 7 Apr 2015
Upon the breakdown of a relationship, it is usual for parties to need to come to considered agreement about how it is that the children in the relationship will be looked after. Often those arrangements are recorded in a set of Court Orders, which are binding upon the parties and can be enforced should they not be complied with. Court Orders however, are not for everyone.
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Posted by
on 21 Mar 2013
Controversy surrounding Binding Financial Agreements – or pre-nups, as they are more commonly known – has again been enlivened by publicity surrounding the recent 'pole dancer case.' This case, as reported by The Sydney Morning Herald on 24 February 2013, is about a Mr Wallace seeking to set aside a pre-nup between himself and his former wife, whom he met at a pole-dancing club in Sydney. The agreement, signed by the couple prior to their marriage, required amongst other terms that Mr Wallace pay his wife $3,250,000 should their marriage break down within four years. The couple separated two years following their marriage and Mrs Wallace sought to enforce the agreement. However, Mr Wallace claimed it was invalid because he says Mrs Wallace lied when she told him prior to their marriage that she loved him and wanted to spend the rest of her life with him.