Master plan of alienation not made out

Master plan of alienation not made out Bell & Bell Conclusion as to Issue A Regrettably and reluctantly, I concur with Mr B’s observation that no matter which party is to blame, “the damage has been done” to X’s relationship with his father. As it stands at the...

Evidence of duration of de facto relationship

Evidence of duration of de facto relationship HUBERT & STROUD[2019] FCCA 2538 The evidence relevant to the duration of the de facto relationship On hearing, the Applicant relied on his affidavit sworn or affirmed on 29 March 2018. He sought leave to rely on...

Public interest – referral of litigant to A-G and ATO

Public interest – referral of litigant to A-G and ATO ASHJAIM & GASPAR [2019] FCCA 2703 Catchwords: FAMILY LAW –Unusual property dispute– Applicant’s business venture which created cash flow failed – Applicant sending monies overseas – Respondent on folly of...

Review family law – is it needed?

Review family law – We don’t need another family law review — we need to act on what we already know By Renata Alexander and published by the ABC So far today police in Australia would have dealt with on average 284 domestic violence matters. Question: How...

Family Court report writer charged with child sex offences

Family Court report writer charged with sexually abusing three children Family Court report writer charged By Heidi Davoren and Josh Robertson ABC News An accused paedophile has been used as an expert by the Family Court in custody disputes that involve allegations of...

Family mediation and dispute resolution

Family mediation and dispute resolution Mediation is a way of resolving disputes between people in conflict, usually facilitated by a neutral person. Separated families are encouraged to use family mediation to help resolve their disputes about children, instead of...

Conflicts between work and family and mental health

Conflicts between work and family and fathers’ mental health Amanda Cooklin – at https://aifs.gov.au/aifs-conference/conflicts-between-work-and-family-and-fathers-mental-health Research summary— June 2019 Overview Fathers today are often expected to fulfil...

Cross-examination and Family Violence

Cross-examination and Family Violence About Family Violence and cross-examination Family Violence means violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful (Section 4AB Family Law Act 1975 (Cth)). Protecting...

At home alone – what age must children be?

What age can children stay home alone? By Budget Direct Home Insurance What age can children stay home alone? Here in Australia, there is no universal law that outlines at what age children can stay at home alone. Key takeaways: There is no universal age in Australia...

“Unaccountable” – an article by the ABC

Unaccountable In the family law system psychologists, psychiatrists and social workers can give evidence and impact cases, but a review has found no-one is keeping them in check. Exclusive by Josh Robertson, Emily Clark and Heidi Davoren Updated 14 Jun 2019, 9:09am...

Substance abuse means new care for child

Substance abuse means new care for child LOCKHARDT & SEARLE Substance abuse – Consideration The court received substantial assistance from counsel for the applicant, respondent and ICL respectively.  The orders as sought by the father and as made on 23 May...

Surname change to hyphenation for young child

Surname change to hyphenation for young child PORRITT & DUNFORD Surname change – The law I now turn to the law. As noted by the Full Court in Lysons & Lysons (2019) FamCAFC 29 at 22 “it is entirely correct to say that orders as to a child’s name are...

Offsetting occupation and expenses

Offsetting occupation and expenses The Wife’s occupation of the matrimonial home and maintenance payments to the Husband The Husband sought that an adjustment by means of an addback be made for the fact that the Wife has had the use of the former matrimonial home...

Add backs – how are these treated?

Add backs – how are these treated? WHITE & WHITE [2019] FamCA 13 Add backs – The Husband’s removal of funds The Wife asserts that the Husband, by removing particular sums of money, has taken a premature distribution of the property of the parties that...

Domestic Violence Orders – Case Review

Domestic Violence Orders – Case Review KAO v DL [2017] QMC 16 (25 August 2017) Protection of the Aggrieved [64] Section 37(1)(c) DVFPA requires that the court be satisfied that “the protection order is necessary of desirable to protect the aggrieved...

Domestic violence – what does it look like?

What is domestic violence Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing. Domestic violence is usually a pattern of abusive and controlling behaviour taking many forms. It...