In a recent court case, the wife and her 3 adult children made extensive allegations of family violence perpetrated by the father (applicant) during the course of the parties 30 year marriage. The wife alleged that this violent conduct by her husband made her "contributions" to the property settlement as 'homemaker and parent" significantly more [...]
The Federal Attorney-General has released the interim report of the Family Law Council on “Families with Complex Needs and the intersection of the Family Law and Child Protection Systems”. The report was commissioned a year ago to respond to concerns about the Federal Family Law systems interaction with State Child Protection and family violence [...]
A court order that prevents contact time between a child and a parent is rare and requires compelling circumstances. In a recent case the trial judge was satisfied that a father should have “no contact” to his 6 year old daughter, however on appeal, the Full Court disagreed. The father had not seen the [...]
Our Principal, Michael Lynch has recently been acknowledged by the Queensland Law Society for 25 years service as a Solicitor. In presenting the 25 Year Pin, the President of the Queensland Law Society stated "a quarter of a century in the legal profession is a considerable and notable achievement. This milestone is a great credit [...]
A recent court decision looked at how the parents should share time with their 7 year old daughter. The parents agreed on the amount of time the child should spend with each of them but asked the court to make a decision about whether the time would be in one block period or split over [...]
Under the Child Support laws, parents have a legal obligation to financially support their child/ren until the child’s 18th birthday. After a child turns 18 the Child Support laws don’t apply. The Family Law Act says a court can make a maintenance order, when it is necessary to allow the child to complete their education. [...]
Accredited family law specialist - solicitors who have satisfactorily completed an advanced study program through the Queensland Law Society in family law. Affidavit - a written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person [...]
The Family Law Watchlist (sometimes referred to as the Airport Watchlist) is a system designed to alert police to the movement of children overseas. It identifies whether children are leaving Australia. The Watchlist does not operate for domestic travel. A child's name may be placed on the Watchlist when; There is a court order [...]
Can the court order someone to leave a house? Yes. Since the changes to the domestic violence laws (DV) in Queensland in 2012, the court has been able to make an "ouster order". The law provides that in addition to the "standard provisions" (i.e. that the respondent spouse should be of 'good behaviour') if [...]
A spouse's interest under a Trust, depending on the nature of that interest and the degree of control can be treated as property by the Family Court. A recent case has considered whether the assets held in a Trust were assets of the parties’ marriage for family law purposes. The Facts The husband and [...]
