In a recent property settlement case, the wife sought to retain the former matrimonial home which was located in Sydney. The property had been valued for the first trial at $1.6 million. The trial did not proceed as scheduled and was re-listed a year later. An updated valuation was prepared, which then valued the property [...]
Question: My child's doctor has prepared a report and it does not help my case. Do I have to give a copy to the other party? Answer: If a party obtains an expert medical report for a parenting case, whether before or after a case has commenced, a party must disclose a copy to the [...]
In cases where parents have difficulty communicating about their children, the court often orders that the parents use a ‘communication book. What is that? A ‘communication book’ provides a way for parents to communicate important issues and events relating to their child, without face-to-face interaction, in order to avoid disputes. The child typically carries the [...]
In considering a mother's 'stay' of judgement application in a recent case, the Judge commented that it was not surprising that the mother was unhappy with the decision – the Judge had made a range of findings that were adverse to and critical of the mother both as to her credit and her reliability as [...]
The Child Support Agency uses a formula to assess the amount of child support payable. If parties agree however, they can document a Child Support Agreement, either a limited agreement or a binding agreement, separate to an assessment. A binding agreement is particularly difficult to change. A father recently applied to the court to set [...]
Contact Centres are staffed premises that facilitate contact changeovers and assist children from separated families to maintain or establish a relationship with the parent they do not reside with. What can they do? Provide a neutral location for child changeovers between parents; If necessary, the Centre can supervise the time children spend with a parent [...]
Can audio recordings taken by the mother, without the father’s knowledge or consent, be used in a parenting case in court? This was a question recently considered by the court. The recordings in question were recorded before the parties separated. The father admitted that he was the person in the recordings. The court noted that [...]
In an interesting recent parenting case a mother has appealed the trial judge's decision and sought a 'stay' (a suspension) of the decision pending an appeal. In part of her case the mother argued that the Court had inappropriately accessed her social media profile. The mother complained that “her social media profiles had been accessed [...]
If you receive child support and your child is turning 18 and in full-time secondary education, you can apply to extend your child support assessment until the last day of the school year in which your child turns 18. If you are thinking of doing this it is important to know that you have [...]
The Court has recently considered an interim application by a wife to set aside the transfer of property in the husband’s name to his brother. The Family Law Act provides that transactions that are intended to defeat the claim of a spouse can be set aside by the Court. In this case, there were 2 [...]
