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Specialist Accreditation 2013

19 December 2013

Amy Campbell, Amy Honan, Clare McCormack and Elizabeth Millar – successfully completed the Queensland Law Society’s family law specialist accreditation. On 6 December 2013, they were presented with their certificates by the Honourable Chief Justice Paul de Jersey AC at a presentation breakfast.

Child Abuse Intervention

15 October 2013

Each State of Australia has laws that deal with child abuse and a Government Department responsible for administering it.  In Queensland this is the Department of Communities, Child Safety and Disability Care (DOCS). Some child abuse cases do not come into the Family Court, and are addressed by the Department in the Children’s Court. The [...]

What Is A Family Report

2 September 2013

Quite often one of the crucial questions for the Court is the need to know what the children’s wishes are regarding where they should live. As parents often differ in their view of what the children’s wishes are, the Court tries to get an independent understanding of the child’s wishes,  by getting a Family Report. [...]

Is the Agreement ‘Impracticable’ or just a ‘bad bargain’?

23 July 2013

If parties can agree on how they will divide their assets and liabilities when they separate, they can make their agreement legally binding by entering into either a Consent Order or a Financial Agreement. But what happens if the agreement can’t be carried out or if the terms of the agreement have a very different [...]

Understanding Child Support Agreements

20 May 2013

Since the changes to the Child Support legislation in 2008 there have been (2) options for documenting a Child Support Agreement, either a Limited Agreement or a Binding Agreement. What is the difference between Binding and Limited Child Support Agreements? Both Limited and Binding Child Support Agreements allow parents to agree to their Child [...]

Staying in the Home

30 April 2013

Separation is a turbulent time and this is never more so the case than when trying to determine if the ongoing occupation of the home can be shared or if one of the spouses should leave. A dispute over who will stay in the home may involve an Application for a Domestic Violence Order, which [...]

What is a Defacto Relationship?

22 April 2013

The question of 'what is a defacto relationship?' has received increased attention since the amendments to the Family Law Act on 1 March 2009, introducing the defacto property settlementlegislation. So, what is a defacto relationship, when determining a property settlement? Definition: A defacto relationship can exist between two people of different or same gender. According [...]

Proctor Article (April 2013): Steps to step-parent adoptions

1 April 2013

The need to obtain leave from the Family Court means it can take an extended period for a step-parent to adopt a child. Amy Honan suggests practitioners keep this in mind when advising clients. Read the full article here.

How to Avoid Pitfalls in Prenuptial Agreements

25 March 2013

The term 'Prenuptial Agreement' often appears in the media, particularly in the latest news about celebrity marriages, either when the agreement is made or when celebrities get divorced. A Prenuptial Agreement however, is not just reserved for celebrities with million dollar assets. In Australia Prenuptial Agreements are legally enforceable and anyone wanting to protect their [...]

Tips for Easter Holidays

22 February 2013

Yes, it’s hard to believe, but the Easter school holidays are approaching. For separated families, negotiating the kids' holiday arrangements this time of year can be a challenge. So, what can separated parents do to make the holiday period a little easier on themselves and their children? Family Law Specialist, Michael Lynch says that, from [...]