Archive for the ‘LinkedIn’ Category:

Family loans


As a family lawyer we often have clients who are trying to finalise property settlement with their former partner and have difficulty providing evidence about money that has been advanced by family members to them in the past. In family law matters, it is not unusual for a client to…

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Litigation Strategy


When it is necessary for a matter to proceed to litigation for determination, strategy and planning are two of the most important factors which can impact on the ultimate result. Before the first court document is filed, it is imperative that thought has been given to your litigation strategy, by…

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High legal costs result in referral to Legal Services Commission


A recent decision made by Justice Benjamin at first instance in the Family Court of Australia in the case of Simic & Norton highlights the obligations of legal representatives in family law proceedings. This was a case that involved a determination about parenting and property settlement. All matters were ultimately settled, albeit on the seventh day…

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Indemnity costs in the Family Law Courts


Indemnity cost orders are rare in the Family Law jurisdiction. A recent case SCVG & KLD and Anor is a Full Court decision which upheld an indemnity costs order made by the trial judge in parenting proceedings against the Father. Section 117 Family Law Act provides the general principle that…

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Costs of appealing

There are many costs involved in running an appeal in the Family Court. Legal fees if you choose to be legally represented and the cost of obtaining a transcript. In a recent case Knox and Knox involving an appeal from a six day trial, the cost of obtaining the transcript…

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Long term supervision parenting orders

In a recent appeal about a long term supervision order about the time that three children spent with their father, Bertros & Bertros the Full Court of the Family Court of Australia upheld a final parenting order that provided for: Sole parental responsibility to the Mother. The children live with…

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I am separating – what now?


It often takes years to reach a decision to end a relationship and it is imperative after making such an important decision that you have a clear pathway forward, towards resolution. DA Family Lawyers' Director and Accredited Family Law Specialist, Deborah Awyzio, has compiled a checklist to provide you with some…

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Orders to change a child’s surname


I was recently involved in a matter before the Federal Circuit Court where we sought a final order to change the child’s name. In that matter, I was acting for the applicant mother. The child’s birth certificate recorded her surname as the surname of her father but it was a surname that…

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Coming home


I recently assisted a client register an order made in The Netherlands in Australia. That order permitted the mother to relocate the residence of the child to Australia. Read the full article on Lisa Foley's LinkedIn account.

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Further penalties for child abductors


The Family Law Amendment (financial agreements and other measures) Bill 2015 proposes a range of amendments to the Family Law Act 1975. One of those amendments is the inclusion of section 65YA and section 65ZAA which makes it an offence, with a penalty of three years imprisonment, for a party…

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Changes to Australian Passports Act


The Passports Legislation Amendment (Integrity) Act 2015 is an Act to amend the law relating to Australian and foreign travel documents. Relevant from a family law perspective, one of the amendments is to section 11 of the Australian Passports Act 2005 which now provides that the Minister must not issue…

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