By Jessica Coles-Black Separating from your former spouse is one of the most stressful events you can go through. There are a number of things that you will need to consider in order to finalise your separation, including legal representation. You may also have never...
By Lloyd Skinner Single, older, and non-home owning women have been identified as being increasingly at risk of economic hardship including homelessness and poverty (Darab & Hartman, 2013). This problem is significantly caused by issues of family breakdown such as...
By Lloyd Skinner Following the recent passage of the court merger legislation creating the combined Federal Circuit and Family Court of Australia (FCFCA), officially commencement is set to occur on 1 September 2021. We want to explore the procedural changes that...
By Lloyd Skinner Should you and your partner make an oral agreement regarding the separation of your property it is important to recognise how the family court regards informal agreements if your matter is litigated. Oral agreements are not legally binding, but if...
By Jessica Coles-Black In the recent Family Court decision of Kalant & Jordain [1],a mother was ordered to a term of 14 days imprisonment for breaching interim parenting orders. How did this happen? How can you ensure this does not happen to you? Ordinarily,...
By Jessica Coles-Black Separating or divorcing from your spouse is one of the most stressful and emotional periods in a person’s life. There are often many moving variables to consider whilst trying to finalise your separation. It can be slow moving and...
By Lloyd Skinner Parental alienation is the pattern of behaviour which involves one parent acting in certain ways that undermine and denigrate the relationship of the other parent with the child. Alienating behaviours induced by a parent onto a child are usually done...
In the recent and unusual matter of Hsiao v Fazarri, the Husband, who had only been married for 23 days, sought a property settlement in the Family Court. The matter seems straight forward, so how did it end up in the High Court of Australia? The Husband, Mr Fazarri,...
Court-sanctioned Family Violence Intervention Orders (FVIO) are the first port of call for victims of family violence. Anna Goldsborough, a magistrate specialising in family violence, believes that intervention orders are a crucial method in curbing actions of future...
By Jessica Coles-Black Ordinarily, in a property settlement, superannuation is considered separate to parties’ non-superannuation property. This means that the percentage division applied to the parties’ non-superannuation property pool does not necessarily equate to...
Deciding to leave a violent and abusive relationship is often a difficult and complex process. Once that decision has been made, how do you do it? What are the risks involved for your children and your family pets? It has been reported that about 60% of family...
The COVID-19 pandemic has been labelled as many things by many people, but can be it described as an ‘exceptional circumstance’ required to set aside your Binding Child Support Agreement? The recent Family Court case of Martyn[1] found that yes, the COVID-19 pandemic...
