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08
JUN
2018

The Family Court and The Federal Circuit Court Merger.

The Attorney-General Christian Porter has announced that the Family Court and Federal Circuit Court will be merging together in 2019 to form a new court; The Federal Circuit and Family Court of Australia (FCFCA). This is part of a larger review of the Courts’ system and the...
23
FEB
2015

Recovery Orders

In certain circumstances where the other parent of your child withholds your child from you, it may be necessary to seek an urgent “recovery order” from the Court.  A recovery order is an order which requires that a child be returned to the appropriate person/s. A court may make...
01
MAY
2014

Am I entitled to support after my separation?

In Australia it is usually the case that spouses are expected to support themselves after separation. However there are exceptions. In some circumstances a party can claim maintenance from the other party. This is known as spousal maintenance. It is important to understand that...
01
MAY
2014

When can I apply for divorce?

In Australia there is one ground for divorce; irretrievable break down of marriage. This is evidenced by one year’s separation. In the ordinary course of things, you can apply for divorce after one year’s separation. However, the Court will not make a divorce order if...
01
MAY
2014

When will waste of assets be taken into account in a property settlement?

It is usually the case that money lost and liabilities incurred during a relationship are shared by the parties. If money was lost while pursuing income or attempting to gain assets for the benefit of the parties, the losses are likely to be shared. The behaviour of the parties...
01
MAY
2014

Parenting Plans or Consent Orders – which option should I choose?

In the event that you and the other parent of your children reach an agreement about parenting your children after separation, you may wish to consider entering into a Parenting Plan or Consent Orders. Many parents reach agreement regarding the parenting of their children without...
01
MAY
2014

How is Superannuation dealt with in a property settlement?

Superannuation is usually dealt with as another asset of the separating parties. However, superannuation is a unique type of property and while its value is taken into consideration in a property settlement, it is dealt with differently to other assets. Specific laws govern how...