family law

Quick Property Settlement for Asset Pools under $500,000

Updated: April 2021 – Case Study – successful settlement in PPP500 case. There is good news for parties to a family law property dispute where the net asset pool is under $500,000 with the launch of a new pilot pilot programme running in Brisbane, Parramatta, Adelaide and Melbourne registries of the Federal Circuit Court of Australia. If you are in a property dispute where the net asset pool is under $500,000 there is now a quicker and more cost effective pathway.

How to Win Choice of School Dispute

If one parent has sole parental responsibility, then they may on their own proceed to enrol the child where they consider is best for them. But what of the common situation of parents who have shared parental responsibility but are unable to agree as to schooling, whether this be in relation to a new enrolment or changing schools?

Alcohol, Child Custody and Parenting

Where alcohol consumption is at a normal level and poses no risk of harm to the children or other parent, it is unlikely that the mere fact of alcohol being consumed would, on its own, lead a family court to draw any adverse conclusions as to that parent’s parenting capacity. Where there are allegations of alcohol misuse then a family court must assess the level of risk.

Exclusive Sole Occupancy of the Matrimonial Home

The issue often arises during relationship breakdown as to who will remain living at the former matrimonial home and who will move out. Some people can manage to resolve issue by consent; while others agree to remain separated under one roof. But in many cases agreement is unable to be reached and separation under one roof is not desirable, in such cases sole occupancy is sought as the solution. The court has power pursuant to the Family Law Act 1975 to order that one party has sole use and occupation of the former matrimonial home. However, sole occupancy is not easy to obtain. Orders giving exclusive use or occupation of a matrimonial home are only made with caution. It is a serious matter to turn a spouse out of their home.

Protect Your Property and Assets After Separation

Since the identification and value of property is usually considered as at the date of the final hearing, a common issue in property settlement after separation is how to prevent the dissipation of assets. Ultimately prevention is the best cure and the sooner a property settlement can be achieved (whether by consent or by final hearing) the better.

This article will discuss three things:

  1. Add-backs to the property pool for property which has already been dissipated;

  2. Using urgent interim injunctions to protect assets and property;

  3. Using a caveat to protect real property such as a house or land.

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.

Merger of the Federal Circuit Court of Australia and Family Court of Australia

The Commonwealth Parliament has passed the Federal Circuit and Family Court of Australia Act 2020 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020,  in February 2021 and it awaits Royal Assent. The new Acts create one court, that is an amalgamated Federal Circuit and Family Court of Australia …

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How to Cite the Family Law Act

The Family Law Act 1975 (Cth) is the is the main law on matters involving divorce, property settlement after marriage breakdown or de facto relationship breakdown, spouse maintenance for a party to a marriage, de facto partner maintenance for a party to a de facto relationship that has broken down and issues relating to parenting …

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