Deciding Who Keeps the Family Pet in Family Law Matters
By James Marmin A relationship breakdown can be an extremely stressful and emotional time for all parties involved. A pet is often referred to as a member of the family and for many people, the bond they share with their pets can be compared to that of children or siblings. Therefore, the issue of who […]
Australia Opens up: – Are you concerned about your child being taken overseas? (The Airport Watchlist)
by Jasmine Evans On 21 February 2022, the International Borders opened for all overseas travellers who are fully vaccinated and have had two doses of a vaccine permitting entry into all States and Territories, except Western Australia who are due to re-open on 3 March 2022. Whilst many Australians have been travelling freely on the […]
THE COVID-19 LIST – A DEDICATED LIST FOR DISCRETE ISSUES ARISING FROM THE PANDEMIC
By James Marmin In our third year of dealing with COVID-19, the pandemic continues to impact separated families. We have seen disputes arise with respect to vaccinations of children, interstate travel, overseas travel and general compliance with Orders of the Court. To assist in dealing with discrete issues arising from COVID-19, the Federal Circuit and […]
Exclusive Occupation – Can I stay?
By James Halliday and James Marmin The breakdown of a relationship can be an immensely stressful time for all the parties involved. One of the main stressors through this process can be the former matrimonial home and namely, who is to continue residing there.Although, both parties can continue to live under the same roof while […]
Escaping Domestic Violence Payment
Victims of domestic and family violence may be eligible for the Escaping Violence Payment provided by the UnitingCare Australia. The Escaping Violence Payment is available for Australian citizens over 18 years of age who have experienced family violence and have had a change to living arrangements and may be suffering from financial stress as a […]
Deadline for Applications to Court about parenting arrangements for Christmas
Christmas can be a difficult time for families, particularly for separated families who cannot agree about the parenting arrangements for the children over the Christmas holidays. The Federal Circuit and Family Court of Australia deadline for applications for parenting orders dealing with the parenting arrangements for children over the Christmas holidays has been set for […]
Contravention Applications in Property and Parenting Matters
During the course of proceedings in the Federal Circuit Court and Family Court of Australia issues relating to the non-compliance of Orders may arise. The Family Law Act 1975 (Cth) (“The Act”). Given the different nature of property and parenting matters, the Act deals with alleged contraventions differently. Contraventions in Property Settlement Matters […]
New changes to the QLD Government Restrictions for Parenting Arrangements during August lockdown
New changes to the QLD Government Restrictions for Parenting Arrangements during August lockdown During previous Queensland lockdowns, parents and children have been permitted to travel between households to facilitate time arrangements. The Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 2) came into effect on 1 August 2021 and no longer provides for some […]
Spousal Maintenance: Do you need to pay?
CAN I REQUEST, OR DO I NEED TO PAY, SPOUSAL MAINTENANCE? Parties who have experienced the breakdown of a marriage and are navigating the landscape of resolving property settlement matters often encounter issues relating to Spousal Maintenance. That is, the financial support by one party to the other of the marriage. Is the party requesting […]
ARE INHERITANCES IN OR OUT OF THE PROPERTY POOL?
ARE INHERITANCES IN OR OUT OF THE PROPERTY POOL? It can often be a point of contention between parties involved in a family law dispute as to how inheritances should be treated, particularly when they are received post-separation. The recent decision of Shnell & Frey [2020] FamCA 631 dealt with this issue, in addition to […]
