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    Brief Categories  Evidence

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how-to-avoid-a-hostile-divorce
1: I Hate My Ex – How to Minimise Regrets and Avoid a Hostile Divorce? | June 15, 2022

A divorce can be an extremely stressful event for all parties involved. However, a divorce does not need turn hostile. Here are suggestions on how to manage a divorce to the benefit of all involved…





how-to-print-messages-for-family-court
2: How to present text messages as evidence in the Family Court | May 30, 2020

In the event of a Family Court dispute, it can be important to document or print text messages, to show that they were sent, received, or read at a particular time. But how is it best to present these electronic messages as evidence to the Court?..





divorce-and-social-media
3: Think before you post! Divorce & and social media don’t mix in Australia | December 26, 2019

Social media sites such as Facebook, Twitter, Instagram and even professional networking sites such as LinkedIn are increasingly changing the way family law matters are conducted in Australia…





family law evidence
4: 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…





hearsay, evidence
5: 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…





subpoena-medical-records
6: How to File a Subpoena For Medical Records | October 14, 2015
  • About
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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)

  • How to File a Subpoena For Medical Records - October 14, 2015
  • How to Remove a Judge or/and an ICL from Proceedings - September 3, 2015
  • Implications to Pre-Nuptial Agreements – the Pole Dancer Case: Wallace v Stelzer - December 11, 2014

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 …..





audio-recording-device-telephone
7: 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…





family-reports-dr-travis-gee
8: Should Children Be Interviewed for Family Reports? | August 12, 2015

In producing a family report, the family consultant usually speaks to all significant parties involved in the case including the child/ren. How does such process likely affect the emotional well being of a child? Is it necessary for the child/ren to be included in such process?..





unacceptable-risk-scales-of-justice
9: 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. ..





dv-non-sexist-violence
10: How do Psychologists view the Legal Definition of Family Violence? | August 1, 2014

Family violence is defined in the Family Law Act as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”- how does the psychology industry view such definition? ..




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