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Family Law Proceedings: How to Find Evidence

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There are numerous tools available within the Family Law Rules to assist in the gathering of evidence in preparation for family law proceedings. These include Notice to admit facts, Subpoenas, Answers to Specific Questions amongst others. Below we explore a number of these tools and at what stage of proceedings they are available and prudent to be utilised…

Same-Sex Parents Who Separate: Who gets the Children?

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This article discusses what the Court might consider when dealing with parenting orders sought by same-sex parents and whether biological parents have an advantage in Court…

10 Common Misconceptions about Australia’s Shared Parenting Laws

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Following is a list of 10 common misconceptions about Shared Parenting in Australia, that have been circulated so broadly that they are on the whole accepted as truth, but are none-the-less little more than exceptions, equivocations or categorical falsehoods…

Airport Watch List: Protect your Child from International Abduction

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To place your child’s name on the Airport Watch List you need to make an Application to the Family Court of Australia or Federal Circuit Court of Australia…

FULL REPORT RELEASED: Independent Study of Australia’s Independent Children’s Lawyers

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In contrast to the generally positive findings of the Australian Government’s 2013 AIFS Independent Children’s Lawyer (ICL) Study, the findings of the Family Law Express Independent Children’s Lawyer (ICL) study entitled “Neither Seen Nor Heard: Australia’s Child Protection Conundrum” has exposed the undeniably arduous state of current ICL practice in this country…

How to File a Subpoena For Medical Records

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Prajesh Shrestha

Online Legal Information Author at Family Law Express
'My name is Prajesh Shrestha and I am currently in my 3rd year of the Juris Doctor at the University of Sydney.Upon graduating, I am interested in becoming a legal practitioner. My areas of interest includes family law and conveyancing. I also have a strong and abiding interest in social justice and as such I am undertaking a legal internship at the Public Interest Advocacy Centre performing legal research, client interviews and drafting.

Latest posts by Prajesh Shrestha (see all)

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 make a complaint against your Solicitor

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Have you ever had serious concerns with the way your solicitor has dealt with your case? For instance, do you believe your solicitor has not respected your confidentiality, or do you believe that your solicitor has been overcharging you?..

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

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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…

Audio Recordings as Evidence in Family Court Proceedings

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Recent times have seen increased debate surrounding the use of audio recordings in court proceedings, and particularly, in Family Court proceedings. The key issue with the use of audio recordings in Family Court proceedings is not necessarily their use, but how such recordings were obtained which in turn determines their admissibility as evidence…