On 1 September 2021, the Family Court of Australia and the Federal Circuit Court of Australia will be amalgamated into the Federal Circuit and Family Court of Australia (‘FCFCOA’). This new Court will consist of two divisions – Division 1 will deal with family law matters, while Division 2 will …
A procedural guide on how to apply for divorce. It is important to note the difference between the various applications that can be made in family law. A common statement family lawyers hear is, “I want a divorce”. While that sentence’s meaning might be clear to a layperson, this can …
There are important time limits in Family Law matters that are crucial, and parties need to be aware of and not lose sight of once they separate. Divorce If parties are married, they must wait for a period of 12 months from the date of separation before they can apply to the Court for …
There are many alternatives to resolving family law property settlement disputes, commonly referred to as Alternative Dispute Resolution. These include mediation, conciliation, and arbitration. Mediation is the most common ADR method that parties to a family law property matter elect to participate in to try and settle the dispute. The …
Domestic Violence in Australia has been recognised as a major public health problem and it affects all people, irrespective of economic, educational, social, geographic or racial background. Domestic Violence Statistics Statistics reveal that, on average, at least one woman a week is killed by a partner or former partner in Australia and one in three Australian …
A separation or divorce can be one of the toughest things a person will face during their life. There is a lot to think about; where will you live, who gets what, who will the children and pets live with etc. Here are the things to keep in mind when …
Every couple who are about to get separated will have this question “what will happen to their pets after separation? Pets are your bundle of joy and a valued member of your family. They deserve to be cared for with love and respect. When separation occurs, it can be a difficult time and even …
We understand that during these unprecedented times surrounding the Covid-19 pandemic, parents are naturally concerned about the safety of their children and how the restrictions will affect their lives and executing parenting orders during COVID-19. Children benefit from structure, routine and consistency. Therefore, as far as possible, parents should ensure …
As of 31 March, 2018 Queensland courts can now compel a person, accused of committing serious domestic violence offences, to be fitted with a GPS tracking device, as a condition of their bail. This initiative was one of the recommendations of the report entitled, ‘Not Now, Not Ever: Putting an …
Protection Orders are state-based, civil orders, which aim to prevent the commission of domestic violence. Some, but not all of the orders, which can appear on a Protection Order are that one party be ‘of good behaviour’ toward another, that a party remain a certain distance from another, or that …