Category: Family Law
Protecting women and children from violence
29-November-2010 Family Law By Simone GreenProtecting people from violence is a significant role of Australian laws. The protection of women and children from domestic violence is a topic often covered in the media. Sexual assault is another. A report into the various Federal and State laws and...
Prenuptial Agreement – who, when and why
Family Law By Simone GreenPrenuptial agreements have become more common and accepted in our society, yet many couples intending to marry feel they don't need a prenup. But it is worth considering and below, we look at some of the key questions surrounding prenuptial...
One night stand impacts child support case
Family Law By Mark StreeterMan pays child support for six years before DNA reveals he is not the father An expensive child support case shows it is not always worth recovering funds even if they are overpaid or incorrectly paid. The facts of Forsythe & Latimer & Anor...
Is a doctor held responsible for failing to diagnose something?
General,Family Law By Simone GreenThe case of TABET V GETT [2010] in the High Court of Australia (12 April 2010) investigated this. Facts behind the case On 11 January 1991, the appellant was admitted to the Royal Alexandra Hospital for Children with symptoms of headaches,...
Independent legal advice required for Prenuptial Agreements
Family Law By Mark StreeterThe situation: prenup not binding A financial, or prenuptial agreement, had been entered into by a couple. The agreement did not expressly state that both parties had received independent legal advice. As it is a requirement of Financial Agreements that...
Independent lawyer to represent child’s best interests
Family Law By Mark StreeterWhy can't children use the same lawyer as their parents? Unfortunately parents often take adversarial and diametrically opposed positions in respect of what is in the “best interests” of children in Family Law parenting cases. As a result...
Husband’s fraud undermines Binding Financial Agreement
Family Law By Mark StreeterNew wife wins case against forceful husband Imagine being pregnant, facing deportation and being given a Binding Financial Agreement by your fiance five days before your wedding and told to sign or the wedding is off. The situation In Blackmore...
High Court overturns Family Court’s child custody decision
Family Law By Mark StreeterParenting order was impractical in interstate custody battle The long term effects of divorce on children can be significant. One of the most contentious issues is child custody. This is especially important when parents wish to live in different...
Will a Court refuse parent access to their child?
Family Law By Simone GreenThere are times when Unsupervised Child Visitation will be denied. An issue often raised in disputed children’s cases is whether or not there is an “unacceptable risk of abuse” to the child if time the child spends with one of the parents is not...
Full and frank financial disclosure
Family Law By Mark StreeterHanding over financial documents to an ex is hard The need for full and frank disclosure by the courts often makes divorcing couples nervous. A common question is "Why do I have to give all my financial documents up to my ex-partner? I’ve been told...