How to File a Subpoena For Medical Records

on October 14, 2015 by Prajesh Shrestha

In family law disputes, it might be necessary to subpoena medical records of either the opposing party or a third party. Seeking to issue a subpoena can be a complicated process, and is regulated by court rules of the relevant …..

How to Remove a Judge or/and an ICL from Proceedings

on September 3, 2015 by Prajesh Shrestha

This paper will consider the procedure for removing a judge and an Independent Children’s Lawyer (ICL) from proceedings. As the procedure for removing a judge varies considerably from removing an ICL, I will deal with them on a separate basis…

Implications to Pre-Nuptial Agreements – the Pole Dancer Case: Wallace v Stelzer

on December 11, 2014 by Prajesh Shrestha

In January 2011, the Family Court decision of Wallace v Stelzer [1. [2011] FamCA 54.] brought much needed certainty to the, often convoluted, area of pre-nupital agreements also known as Binding Financial Agreements or ‘BFA’…

“Reasonable Practicality” in Family Law

on June 30, 2014 by Prajesh Shrestha

This article will consider the meaning of “reasonably practicable” as it appears in section 65DAA of the FLA , and how it operates to allow or prevent cases where one of the parties seeks equal time or shared parenting orders…

How to make a Freedom of Information (FOI) Request

on March 3, 2014 by Prajesh Shrestha

In Australia we live in a society which places emphasis in the principles of open-government and transparency.The Freedom of Information Act 1982 was designed to make government more open and accountable by providing a right of access to information in possession of government…