New domestic violence laws started in Queensland on the 17 September 2012. These laws replace the Domestic and Family Violence Protection Act 1989 (Qld). The changes impact not only the definition of "domestic violence" but also, who can apply? who can be an applicant? and ultimately, the ease with which DV orders can be made. [...]
On 7 June 2012, the Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 commenced. The Act brings in to force various amendments to the Family Law Act 1975 surrounding definitions of 'family violence' and 'abuse', the best interest considerations and increased notification requirements. These changes will have a profound impact on how the [...]
Australia, along with 69 other countries, is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism for the return of children who have been wrongfully removed from their country of residence. This leaves another 126 countries which are not signatories to the Convention. So what happens when [...]
In determining parenting arrangements, the Family Law Act operates on the presumption that both parents have "shared parental responsibility". However, this presumption may be rebutted in certain circumstances, for example where family violence or child abuse is a factor, or if it would not be in the child's "best interests" for the parents to have [...]
Relocation cases are complex, highly emotional and have a significant impact on all parties involved. When one parent is looking to relocate overseas, the issues are even more complex, as arrangements involving "equal care" and "substantial time" are essentially taken off the table. The Court must try and determine what arrangements will be in the [...]
Family law property settlements often involve the valuation of a family business. Occasionally, the financial records of the business do not add up to the lifestyle or spending habits of one or both of the spouses in the business, leading the Court to reach the conclusion that business income has not been properly disclosed. Disclosure: [...]
Placing a value on your matrimonial property pool is one of the most important and often complex steps involved in negotiating a property settlement. Recent events such as the GFC and natural disasters both locally and internationally may have an ongoing impact on the valuation of certain assets, particularly business interests, shares and real estate. [...]
Placing a value on your matrimonial property pool is one of the most important and often complex steps involved in negotiating a property settlement. Recent events such as the GFC and natural disasters both locally and internationally may have an ongoing impact on the valuation of certain assets, particularly business interests, shares and real estate. [...]
We have just had the 2 year anniversary of the significant amendments that were made to theFamily Law Act giving the Family Court jurisdiction to determine defacto property settlements for couples that separated after 1 March 2009. The legislation covers both opposite and same sex couples. As of 1 July 2010 South Australia also elected for [...]
A recent Court case has considered the adjustment a Wife should receive in a property settlement for her contribution and future responsibility for the care of the couple’s severely disabled child. THE FACTS: The parties married in 1981 and separated in early 2004. The Husband was 51 years of age and earned over $147,000 per [...]
