Divorce property settlement is one thing you want to avoid making mistakes in. Family law property disputes are absolutely critical to your financial well-being and future. I have been a lawyer since 2005 and over the years I have seen how some people managed to make a mess of their family law property settlement. Often …
Divorce Property Settlement – The Biggest Mistakes People Make Read More »
In Falkner & Candle [2021] FedCFamC1F 66, Jano Family Law enforced payment of a family law judgement award of $604,168 where the wife sought a partial stay of property settlement orders requiring her to pay money to the husband. When the wife defaulted in her obligation to pay the judgement sum in full, having made …
In the Federal Circuit and Family Court of Australia (FCFCOA) there are new rules, new forms and new procedures. The pre-action procedures explain what steps a family law litigant must take before starting Court proceedings. You need to certify that you have made a genuine attempt to settle the matter. You do this by filing …
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 …
With the merger on 1 September 2021 of the the Family Court of Australia (FCoA) and Federal Circuit Court of Australia (FCC) to create the Federal Circuit and Family Court of Australia (FCFCOA), there are also new Family Law Rules and a new Family Law Central Practice Direction. These have set out the family law …
Your Guide to the Family Law Case Management Pathway Read More »
Background The new Federal Circuit and Family Court of Australia has published its Family Law Case Management bible, the Central Practice Direction, which outlines the core principles applicable to family law proceedings and establishes a consistent national case management system. The merger of the Federal Circuit Court of Australia and the Family Court of Australia …
Guide to the Central Practice Direction Family Law Read More »
Going to court is a difficult experience for most people, especially for people dealing with the breakdown of a marriage or de facto relationship. Here we provide you with our top practical suggestions for success in family law litigation. 1. Litigation is not the end of negotiation. Some people think that litigation begins when negotiation …
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.
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 …
