Articles
Family Court hearings – the First Return Hearing
After filing your initiating court documents, your matter will be listed for a First Return Hearing in the Federal Circuit and Family Court of Australia. A First Return Hearing is a procedural hearing and, as the name suggests, is the first Court event after you have filed an application to have a matter dealt with by the Court.
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Drugs and alcohol in family law
Following separation, if either parent has any concerns in relation to the physical or psychological welfare of a child, including drug and/or alcohol misuse by a parent or where there is a history of family violence, it is important to seek legal advice early.
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Are Donor Agreements legally binding?
A Donor Agreement is a written agreement between a sperm donor and the recipient parent(s). In this article, we explore Donor Agreements in detail, specifically dealing with the issue of enforceability and purpose.
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4 tips for separated parents to navigate custody battles in family law
In this article, rather than examining the legal considerations of parenting arrangements, we set out some practical measures separated parents can take, and things they can consider, in order to put their children first when negotiating co-parenting arrangements.
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The difference between a loan and a gift in family law
When the financial climate is strained, it is common for parents to financially assist their children. How this financial support is given is important; was it a gift or a loan? This has a different effect on property settlement should the couple separate.
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De facto property settlement in family law
In Australia, if you’re separating from your partner and working through property settlement, the law treats those in a de facto relationship the same as those who are married. But there is a common question that arises quite frequently: How do I know if I’m in a de facto relationship and how do I prove it?
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A guide to Child Impact Reports and Family Reports
If you’re in the middle of, or about to enter into parenting proceedings in the Family Court, you’ve likely come across the terms “Child Impact Report” and “Family Report”. We break down precisely what each of these reports are, when/why you might use them and also a few quick tips on preparing for an assessment with a report writer.
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Applying for Family Violence Intervention Orders
Family violence in our communities is, sadly, all too abundant. It is insidious and leaves life-lasting scars for the victims; both physically and psychologically. Although not a silver bullet, Intervention Orders due to family violence can go some way to providing protection for those exposed to the violence.
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Independent Children’s Lawyers in family law proceedings
Although most parents will be able to resolve their parenting matters out of Court, there are just some instances where this is not possible. If you find yourself navigating your way through family law parenting proceedings, you may come across the term Independent Children’s Lawyer. Learn more in this article.
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Major changes to the Family Law Act from May 2024
Major changes to the Family Law Act come into effect from May 2024. The main purpose of the reform is to ensure that the best interests of the child remain the central focus of parenting proceedings as well as making the application of the law easier to navigate.
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Valuations in Family Law
Are you separated/divorced and entering into property settlement negotiations with your former partner? One of the first steps will be to determine the value of your assets, liabilities and any financial resources but what happens if you can’t agree on values?
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Parenting Plan or Consent Order – what’s best for me?
In this article, we will look at the various ways to formalise a parenting agreement and what will work best for you.
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