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Blogs

Parental alienation in Australian family law

A recent study was completed in England and reported in the Journal of Social Welfare and Family Law (JSWFL). It was conducted by Dr Adrienne Barnett and found that in particular, estranged Fathers with a proven history of family violence could use parental alienation...

Dangers of using your iPhone in Family Court proceedings

In the case of Coulter v Coulter (No 2) [2019] FCCA 1290 (15 May 2019), a Mother, concerned that the Father was tactically alienating at least one of their children from her and apprehensive of her own safety, secretly video and audio recorded the Father, without his...

Does the Family Court always split superannuation 50/50?

Although superannuation usually cannot be accessed until retirement, it is important for separating couples to remember that superannuation is considered by the Family Law Act as property available for division between parties.[1] Unless there are specific reasons not...

Powers of the court in contempt cases

In December 2018, Judge Salvatore Vasta sentenced a man involved in a property dispute with his former wife to 12 months imprisonment for contempt of court as a result of failing to disclose financial documents on time. The decision of Judge Vasta in the Federal...

How can I avoid Family Court delays?

Family Court appeal judges have declined a request by Chief Justice William Alstergren that they preside over trials as well as appeals in an attempt to reduce the Court’s backlog, according to an article published by The Australian on 30 April 2019. Due to a...

What rights do grandparents have to see their grandchildren?

Separations and divorces can be highly stressful when there are young children involved, not only for the parents and the children themselves, but also for the wider family unit. Grandparents often play a significant role in the early years of their grandchildren’s...

Common misconceptions of divorce property settlements

After five years of marriage and what appeared to be an amicable separation, Renee Catt was “blindsided” when her former partner commenced property settlement negotiations just days after the pair’s separation. Ms Catt has described how she lost almost $100,000.00 as...

Does proven family violence impact on family law property settlements?

In its recent review of the Family Law system, the Australian Law Reform Commission (ALRC) received submissions supporting an amendment to the Family Law Act that would clarify how family violence is relevant to property division. In the 1997 case of Kennon, the Full...

Should property be split 50/50 in Australian divorces?

The Australian Law Reform Commission recently published its Review of the Family Law System and made recommendations to simplify and clarify provisions dealing with property settlements under Australian legislation. In New Zealand, the Family Court usually orders that...

Do big earners pay more in Australian divorces?

It is not an uncommon scenario where one party to a marriage, often the Wife, dedicates themselves predominantly to parenting and homemaking duties while the other party develops and advances their career. In circumstances such as this, the party who has developed...
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