Substantial Contributions In A De Facto Relationship

Substantial Contributions In A De Facto Relationship Introduction If a person makes substantial contributions during a de facto relationship and the relationship comes to an end fairly quickly, that person may still have a claim for property settlement against the former partner depending upon the effect on that person if orders for final property division were not made. Under the Family Law Act 1975 (Cth), a court may make an order

Read more

Section 60I Certificate: When It Is Not Required to File Family Law Proceedings

Introduction For some people, being told that they need to get a family dispute resolution certificate, also known as a Section 60I Certificate, before filing parenting proceedings can seem impractical and burdensome. You will generally have to have that certificate before you may start proceedings the family courts where you want to obtain parenting orders. You will be issued with a Section 60I Certificate if: • The other party refuses

Read more

Procedural Unfairness in Family Court

Introduction: Procedural unfairness in family court hearings is a ground upon which a party may make an appeal to have court orders set aside. Where a party appeals a court order and one ground of the appeal is procedural unfairness in family court hearing, the procedural fairness challenge must be considered first by the appeal court. This is because any denial of procedural fairness in regard to a material matter

Read more

Parenting Time: Difference Between Supervised Time & Unsupervised Time

Introduction In family law we often talk about parenting arrangements in two basic, clear cut categories – supervised time or unsupervised time. We think of supervised time as time you spend with your children in a children’s contact centre being supervised by those suitably qualified to intervene if necessary. Unsupervised parenting time is generally when you do not have to have any third person with you when you spend time with your

Read more

Family Court: Errors of Law

Introduction Where errors of law are made by a primary judge in the Federal Circuit Court of Australia, a party may appeal the decision in the Family Court of Australia. Relevant Case Law Errors of law were found to have occurred in Mareet & Colbrooke [2019] on appeal to the Full Court of the Family Court of Australia. The Mother had been pregnant with the child when she moved from the Northern

Read more

Family Law Expert Evidence Admissibility

Introduction It may seem time consuming and expensive to have formal valuations conducted to get family law expert evidence. It can mean the world of difference though to your outcome for property settlement.   Recent Case Law The recent Federal Circuit Court decision in Isaacson [2019] FCCA 522 emphasises the importance of making sure that your “expert” is an expert in fact before relying on them to give family law expert

Read more

Family Law Court: Backdating Child Support Applications

Introduction Child support is a payment made by one or both parents to the other to help with the cost of looking after the children. In some situations, it may be paid by one or both parents to another person who is looking after the children. Parents can make agreements about child support or they can apply to the Department of Human Services (Child Support) for an administrative assessment. Recent

Read more

Family Law: Long Term Decisions For Children

Introduction Making long term decisions for children as well as decisions about the day today care for children is what is referred to in the Family Law Act 1975 (Cth) as “parental responsibility”. There is a presumption under section 61DA(1) of the FLA that both parents have shared parental responsibility for children. However, an order may be made by the family courts in appropriate cases that that presumption does not

Read more

Video Evidence and Text Messages in Family Law Proceedings

Introduction Video evidence and text message evidence can be admissible in family law proceedings. Depending upon its content, it can be a powerful part of a parent’s case. Relevant Case Law In Jabba & Gade [2019] FamCAFC 14, the Full Court of the Family Court of Australia considered an appeal by the applicant mother on various grounds against final parenting orders that had been made by the trial judge when

Read more

Application to Adjourn Family Law Proceedings

Application to Adjourn Family Law Proceedings Introduction An application to adjourn family law proceedings must be based on valid grounds. When considering an application to adjourn family law proceedings, the family court will consider in the contact of the relevant application, its duty to bring an end to parties’ financial relationships as far as practicable (s. 81, FLA 1975 (Cth)). That duty, which applies too when the court is considering

Read more