Disputing Legal Fees
1: Disputing Legal Costs in Family Law Proceedings | April 12, 2014

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…


4-steps-divorce-and-property
2: How the Courts Divide Property in Divorce Proceedings | April 10, 2014

Where there is an irretrievable breakdown of a marriage, the party’s can apply for a divorce. An application for divorce is available 12 months after the date of separation. The Court must be satisfied that you and your partner have …..


2011-family-law-amendments
3: 2011 Family Law (Family Violence) Amendments & What They Mean | March 24, 2014

The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 came into effect in July 2012 in response to recommendations in three key reports evaluating the previous 2006 changes…


rights-responsibilities
4: Do Parents Have Rights or Responsibilities in the Family Law Act? | March 20, 2014

There is a common misconception by parents entering family law litigation of seeking to preserve their parental rights, however this is not the case as the Family Law Act 1975[1] is almost entirely focussed on a parental responsibilities – especially when there is the underlying principle in family law that the “best interests of a child” must come first…


will-and-testament
5: Estate Disputes & Contesting a Will | March 4, 2014

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…


Parens-Patriae
6: Decisions on behalf of your Children: The doctrine of ‘Parens Patriae’ in Australia | March 4, 2014

Parens Patriae means ‘parent of the country’ in Latin, and refers to the common law doctrine by which the Sovereign has an obligation to protect the interests of those unable to protect themselves, such as children and mentally incapacitated adults. For example, the State has a duty to protect children or the mentally ill who are abused or neglected…


freedom-of-information-request
7: How to make a Freedom of Information (FOI) Request | March 3, 2014

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…


estate-planning
8: Disposal of Property and the Family Provisions Act | March 3, 2014

Many people believe there is a right to dispose of their property on their own terms when they die. This could be outlining who is included and how much they should receive. Many believe this to be a natural right which should be unrestricted. Others disagree. The law outlines when and how much restrictions should be applied…


disinherited-children
9: Rights of a Child excluded from a Parent’s Will | March 3, 2014

The ‘family provisions law’ is perhaps the most fiercely litigated area of inheritance law in Australia. The law that applies on inheritance is the law of the State. Although there are different statutes that apply for each State, they have …..


s117ab family law act, false allegations
10: How False Allegations are treated in the Family Law Act | March 3, 2014

From 7th June 2012, however, section117AB was removed from the Family Law Act via the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011(‘Family Violence Act’). Why was section 117AB removed?..