Family Court Proceedings: Case Guardian

Introduction A case guardian, referred to as a litigation guardian in the Federal Circuit Court, may be appointed to conduct a case on behalf of a party to a family law matter where a party is unable to act for themselves. The role of a case guardian is to provide a legal representative with the instructions necessary to conduct the family law litigation where the client is not capable of

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Children Issues: Effect of Final Parenting Orders

Introduction Final parenting orders discharge all interim orders. Once final parenting orders are issued, the family court may not hear a parenting application seeking only interim orders. The Court can however hear a fresh parenting dispute. However, a parent cannot make an application for only interim orders after final parenting orders are issued as there will be no pending application for final orders. Relevant Case Law In the recent case

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Property Settlement: How Does Family Law Consider Overseas Property?

Introduction In Australia, we have a multicultural society. As our society becomes increasingly globalised, marriages and de facto relationships between people who originate from or travel to and live in different nations are becoming more common. In such circumstances, it is increasingly the case that when these relationships break down there will be issues regarding where the divorce and property proceedings should take place and how assets in different countries

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Australian Law Reform Commission Final Report: Family Law For The Future

Introduction The Australian Law Reform Commission (ALRC) has released its report ‘Family Law for the Future – An Inquiry into the Family Law System’. This is the first time the family law system has been comprehensively reviewed since the commencement of the Family Law Act 1975. The inquiry commenced in 2017 with the objective of recommending reform needed to ensure Australia’s family law system meets the needs of contemporary families

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Consequences of Lying in the Family Court

Introduction Before a division of property can be agreed by parties following a divorce or separation, it is important that the extent of the assets and liabilities that are available to be divided is agreed. If you have been in a relationship for any significant period, you may consider that you know what are those assets and liabilities. However, this is not always the case. For example, where one or

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Family Law Property Order Enforcement: Recent Consideration

Introduction It is unwise to just ignore an Order made in a Family Law proceeding which binds you. If an Order has been made with which a party does not agree, if there are sufficient grounds, there may be an option to appeal the Order to the authority of a superior Court. You must ensure however that you comply with strict requirements relating to appeals, including the time for making

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Re-opening Parenting Proceedings: Mother’s Application Dismissed

Introduction An application to re-open parenting proceedings where orders have previously been issued must be carefully considered before it is filed. There must be circumstances which will warrant the Court in re-opening a case. Dependent upon the circumstances, there may even be a case for an order for costs against an applicant who brings such an application without foundation. Background The Federal Circuit Court of Australia in Daubney & Janzen

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Parents With Mental Health Issues and Parenting Orders

Introduction In all cases, the paramount consideration for the courts when considering whether to make a particular parenting order remains what is in the best interests of the child. In most cases, this will mean ensuring that the child is able to have or develop a meaningful relationship with both parents. This must, however, be considered together with the other primary consideration (to which greater weight is given) which is

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Federal Circuit Court of Australia Orders Child Support For Child Over 18 Years Old

Introduction Generally, child support assessments and payments through the Department of Human Services (Child Support) come to an end when a child turns 18. If the child will still be attending secondary school when he or she turns 18, the person receiving child support payments may apply to the child support agency (Department of Human Services) for an extension of the child support assessment until the end of the school

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Family Court Orders and Private School Fees

Introduction Where the court is required to make family law parenting orders, a parent may be seeking orders that children attend private school. Questions may arise as to who pays the private school fees. An application may be made to the Court for departure from an administrative assessment of child support under section 117 of the Child Support (Assessment) Act 1989. Where an application is made to a court having

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