Resources Category

First Appointment

First Appointment

In any family law, de-facto matter or estate matter, we will ask you to enter into an agreement with us, which sets out in detail the basis of our charging and which we will ask you to sign before undertaking any specific work. We will generally charge you for work undertaken by a lawyer and non-professional…

Determining De facto Relationships: Finding Certainty in Murky Waters

Determining De facto Relationships: Finding Certainty in Murky Waters

The nature of family law work over the last two decades has been slowly but steadily changing, as parties in de facto relationships continue to rise in numbers, while the numbers of formal marriages continue to fall or have plateaued. Since the 1970’s, there has been a steady fall in the number of “crude”…

The Impact Of Death On Family Law Proceedings

The Impact Of Death On Family Law Proceedings

Several years ago, I acted for a husband in a family law property matter. He was in his 70s, a senior professional man. The wife was in her 50s. They had one adult child. As sometimes happens, there was not a lot of co-operation from one party, in this case the wife, in pursuing the matter. She was…

When is a Parent not a Parent?

When is a Parent not a Parent?

Over the past five years, couples have approached the Family Court of Australia seeking a declaration of parentage arising from surrogacy arrangements. But despite approaching the Court with very similar circumstances, the divergence in outcomes reflect the tensions between state and federal legislation,…

Recovery of Child Maintenance In The International Arena - An Australian Perspective

Recovery of Child Maintenance In The International Arena - An Australian Perspective

In Australia, the Child Support Registrar of the Department of Human Services (‘the Registrar’) is central authority responsible for overseeing the administration of child support and maintenance obligations. The administration and collection of child support is primarily pursuant to two pieces of legislation…

International Relationship Breakdown: Parenting And Property Issues

International Relationship Breakdown: Parenting And Property Issues

With the globalisation of family law, practitioners will often come across the difficult task of dealing with multi jurisdictional cases such as overseas orders, overseas property, overseas service, jurisdictional matters, enforcement, international marriage, divorce, custody and child support. This…

“We speak the same language but say different things” - Applications for leave to proceed out of time - Family Law Act 1975

“We speak the same language but say different things” - Applications for leave to proceed out of time - Family Law Act 1975

“For nearly 400 years, the policy of the law has been to fix definite time limits (usually six but often three years) for prosecuting civil claims. The enactment of time limitations has been driven by the general perception that "[w]here there is delay the whole quality of justice deteriorates." “The…

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