court

My ex has a new partner. Is that a “significant change in circumstances”?

In Australian family law, re-partnering can be considered a “significant change in circumstances” depending on the context, particularly in matters involving parenting arrangements or spousal maintenance. However, whether it qualifies as significant depends on the specific circumstances and how the re-partnering impacts the situation. Under the Family Law Act 1975 (Cth), courts prioritize the best …

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Understanding the Compliance and Readiness Hearing at the FCFCOA: What It Is and How to Prepare

At Jano Family Law, we understand that navigating the family law process can feel overwhelming, especially when court proceedings are involved. One key milestone in the Federal Circuit and Family Court of Australia (FCFCOA) case management pathway is the Compliance and Readiness Hearing. This hearing plays a critical role in ensuring your matter is prepared …

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My Divorce Is Not Going Well

If your divorce is not going well, you need to take action now before it is too late. The consequences of a poor property settlement or unworkable parenting orders will have drastic and long term consequence for your life and that of your children. Can I change my divorce lawyer? If you are feeling ignored …

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Going to Court: What Happens on the First Return Date?

The first court date is also known as the first return date, or the first mention date. As this is the first time that your matter will be listed before the court, it is a very important event. If you are represented by your lawyer, then you do not need to attend in person, however you may still choose to attend, especially if you think there is a good chance to negotiate with the other side.

Going to Court: The Importance of Disclosure

The duty of disclosure requires all parties to provide the court and each other party all information relevant to an issue in the case. This includes information and documents that the other parties may not know about. Parties can request that certain documents be exempt from disclosure on the basis of privilege or relevance to the dispute.

Less Adversarial Trial

The Family Court has developed a trial process aimed at minimising the negative impact that an adversarial trial can have on the parties involved, especially the children. The Family Court takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding. Is focused on the children and their …

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