Federal Circuit and Family Court

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Update on Family Court and Federal Circuit Court reform

In May 2018 Peter Hooper’s blog referred to the Federal Government’s announcement of a significant shake up of the Australian Family Law Courts system.

The changes were due to occur on 1 January 2019 however delays have been encountered and at the current date the changes haven’t come into effect.

This article outlines the current structure and difference between the courts exercising jurisdiction pursuant to the Family Law Act 1975.

The current Family Law ...

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Parenting Process

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How is a child custody dispute resolved in Queensland without going to Court?

Firstly, parenting disputes in Queensland are dealt with in the same way as for the majority of the Country.

This is because since most States referred their power over children’s matters back to the Commonwealth. Thus, the law concerning parenting after separation, parental responsibility, child support and custody come under Federal Legislation and Courts i.e. the Family Law Act 1975, Child Support Assessment Act 1989 and the ...

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Trusts and Separation

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Working with accountants – Family trusts and separation

“Family trusts” are a common structure through which people may operate a business or hold assets.

There are various reasons why people may choose to place assets within a trust structure, but how are these structures (and other trust structures) regarded in the event of separation, divorce and family law proceedings? Do they offer any protection from a claim by an ex-spouse with respect to assets held by the trust?  And what issues arise ...

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Common Family Law Questions and tips part 1

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I have set out some common concerns and questions I’ve heard from people repeatedly over the years, and I plan on doing this in a number of separate articles.

It is impossible in an article such as this to provide definitive answers to every question, and everyone’s situation is different. However, I hope what follows might be a useful guide for obtaining preliminary information.

Affordable Family Lawyers

Legal services can be expensive and often people are afraid ...

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How relevant is fault or bad behaviour in relationship breakdown?

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It is not uncommon for people meeting with their family lawyer for the first time to raise issues of fault, wrong doing or poor conduct by the other party.

Many people automatically assume these are the types of issues that will be most relevant in the event that going to Court becomes necessary.

In my experience, if a party is suffering from the loss of the relationship, betrayal associated with an extra-marital affair or fear ...

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