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 […]
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 […]
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 […]
If you have suffered domestic violence during your marriage, this may have an impact on the alteration of your property rights in family law proceedings. Part VIII of the Family Law Act 1975 (Cth) (the Act) provides a mechanism for parties to alter property rights that would otherwise apply under common law and equity. […]
Each party to a case has a duty to the Court and to each other to disclose all information relevant to the case. Specifically, rule 13.04 of the Family Law Rules 2004 requires parties to make ‘full and frank’ disclosures of their financial circumstances including: any interest in property; any income received from employment […]
There are several considerations that the Court looks at when dividing assets, liabilities and financial resources from either a matrimonial or defacto relationship in order to reach a settlement that is just and equitable. The court weighs up the indirect and direct contributions of each party which are financial and those that are not, including […]
The recent case of Coulter & Coulter No.2 (2019) FCCA 1290 determined that it is in fact a possibility, dependent on the circumstances of the particular case. THE CASE A mother who was experiencing domestic violence set up hidden video and audio recording devices to record the father of her children during changeovers at her […]
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