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

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…

Audio Recordings as Evidence in Family Court Proceedings

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…

Overview of the AIFS Independent Children’s Lawyer Study

In May 2013 the Australian Institute of Family Studies issued their final report of a study into the effectiveness of Independent Children’s Lawyers in the Australian Family Law System and these are the results. ..

Disputing Legal Costs in Family Law Proceedings

Whilst Legal Aid and Community Legal Centres aim to provide financial assistance to those suffering legal hardship, their limited funding means that too often families are faced with the heavy burden of extensive legal costs. Such legal costs are for the most part unavoidable but there are several avenues available for clients to dispute hefty and overzealous legal costs…

Estate Disputes & Contesting a Will

The Succession Act sets out the criteria of eligibility to contest a Will. Among those eligible is a child of the deceased person whose Will is being contested, including a child born into or adopted by a de facto or domestic relationship. Moreover, it is assumed that there is a moral obligation on the deceased to provide for the maintenance, education and advancement in life of their child…