“Do you know a good family lawyer in Brisbane?” “Who’s currently the best family lawyer?” These are some of the first questions to be asked when someone separates. Like any area of life that is new, it’s human nature to want to find comfort and security in that new environment. That need is particularly [...]
An Independent Children Lawyer (ICL) is an experienced solicitor who is appointed by the court to represent a child. Generally, their role is to assist the court in reaching a decision in the best interests of the child. However, they are not appointed in every case. Case law sets out what the role of [...]
The age at which a child’s wishes hold weight with a court is a topic constantly debated, and continues to be a difficult subject for the court. It is worth re-stating that Court Orders made under the Family Law Act in relation to children remain in place until a child is 18 years of [...]
If you have been married for less than two years and you are considering separating from your spouse or getting a divorce, it is important that you understand your rights and how the Family Law system in Australia works. Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse. Following the [...]
Each case to change a child’s surname is unique. It is therefore important that prior to commencing any Application you obtain specific advice from a family law solicitor. A child’s surname can be changed at any time when there is consent between the parties. However, if there is no agreement, a parent needs to [...]
The Court was asked to determine whether the wife's joint interest in the 'remainder' of a property should be considered as part of the property settlement. The wife was listed on the Title Deed as a tenant in common of the 'estate in remainder' of a house meaning she would receive ownership when her [...]
There is a danger with Judges expressing a ‘preliminary view’ at the start of a hearing, about the likely outcome of a case. The obvious risk is that after the hearing, the ‘losing’ party may suspect that the Judge had made findings in the case that were necessary to support their preliminary view. A [...]
Cultural differences between parents can create difficulties when it comes to making important, long-term decisions for a child. The Court recently considered the effect that cultural differences had on what time each parent spent with the child and who should have parental responsibility for the child. The child was nearly 4 at the time [...]
The Federal Circuit and Family Court of Australia has broad powers to protect property. The Court can set aside a transaction that is designed to defeat an existing or anticipated family law order. The Court has often dealt with cases, where one spouse has sought to dispose of real estate. Background One such case [...]
