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How can victims of domestic violence find safe and secure housing?

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With the spread of Covid-19 worldwide and families in lockdown, it is unsurprising that more domestic violence victims are seeking urgent help as tension and violence in the home rises. The social isolation measures implemented in Australia have reduced victims’ ability to obtain support. NSW Victim Services has revealed that the number of domestic violence […]

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Man ‘chokes 5-year-old boy’ in a domestic violence incident

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According to NSW Police, a man appeared before Parramatta Bail Court on 17 May 2020 after allegedly choking a child in a domestic-related incident in the NSW Hunter region. At about 2pm on Saturday 16 May 2020, a 27-year-old man was at a house in Rutherford, about 7km north-west of Maitland, when he allegedly became […]

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Urgent Spousal Maintenance in Family Law Claims

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Spousal Maintenance enables a spouse or partner who cannot adequately support themselves to obtain financial assistance from the other spouse who has the reasonable capacity to support the other spouse in accordance with section 74 or s90SE(1) of the Family Law Act (1975) (“the Act”). There is a threshold required to be satisfied to enable […]

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Decree of Nullity

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A decree of nullity is a court order that has the effect of saying that there is no legal marriage between the parties, even though a marriage ceremony has taken place. Essentially, it is a finding that the marriage was void. A court is empowered to issue such an order pursuant to section 51 Family […]

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Restraining lawyers from acting in Family Law proceedings

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A party to a Family Law proceeding can make an application to the Court to restrain a lawyer from acting on behalf of the other party. The Court can grant this injunction on three bases. Bases for granting the injunction Breach of Confidence In this situation, allowing a lawyer to continue to act would involve […]

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Effects of Covid-19 on Domestic Violence

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With strict social distancing and isolation measures put in place by the government, families experiencing violence within their homes risk becoming collateral damage to this unwanted disease. Domestic violence cases have increased globally in the midst of social distancing combined with high levels of financial and emotional stress. In circumstances where the perpetrator exerts control […]

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Spousal Maintenance

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Separation from a partner can be difficult and challenging. It also comes with added financial stress and uncertainty. In some circumstances, a spouse might be entitled to a spousal maintenance order. What is a spousal maintenance order?   The courts have the power to make an order requiring one spouse to maintain the other spouse […]

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Treatment of Lottery Wins in Family Law

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In a marriage or de-facto relationship, lottery wins acquired during the marriage and after separation can be part of the matrimonial pool available for distribution during property settlement under the Family Law Act 1975. The most important question is by whom the contribution was made. Contribution of both parties If both parties receive a source […]

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Setting Aside a Default Judgement

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default judgement

What is a default judgement? Default judgement occurs when the Court makes a judgement against the defendant without having a hearing in Court because the defendant did not file a defence to the statement of claim. On what basis can a default judgement be set aside? Rule 36.16(2) of the Uniform Civil Procedure Rules 2005 […]