family law evidence
1: Family Law Proceedings: How to Find Evidence | January 9, 2018

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…

Catchwords: Answers to Specific Questions, Discovery and Inspection against the Respondent, Evidence, Notice to Admit Facts, Notice to Produce, Obtaining third party documents, Subpoena

hearsay, evidence
2: Hearsay – What is it and when can you use it? | October 20, 2015

This article explains the concept of hearsay evidence and under which circumstances it may be admissible in court…

Catchwords: Evidence Act 1995 (CTH), Hearsay

audio-recording-device-telephone
3: Audio Recordings as Evidence in Family Court Proceedings | August 30, 2015

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…

Catchwords: Audio Recordings, Commonwealth Surveillance Devices Act 2004, Crimes (Surveillance Devices) Act, Electronic Surveillance, Evidence Act 1995, Evidence Act 1995 (CTH), Farrelly v Kaling, Hazan v Elias, Huffman v Gorman, Latham v Latham, Listening Devices Act, R v Lee, Surveillance Devices Act, Surveillance Devices Act 2004, Tripp v Tripp

unacceptable-risk-scales-of-justice
4: Unacceptable Risk: Standard of Proof in Determining Child Abuse in Family Law | October 6, 2014

The nature of child abuse in a family context makes such cases difficult to prove. For this very reason, it is imperative that the law develops an approach to cater to the evidentiary difficulties involved in child abuse cases to ensure that children are free from abuse or risk of abuse. ..

Catchwords: Allegations of Child Abuse, Briginshaw v Briginshaw (1938), Child Sexual Abuse, False Allegations, False Allegations, M v M (1988), Reasonable Practicality, Unacceptable Risk, Unacceptable Risk