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Keeping Families Safe: How the Family Courts are Responding to Covid19

On 19 March 2020, the Honourable Justice William Alstergren published new practice directions for the Family and Federal Circuit Courts to respond to the growing concerns of Covid19, also known as the Coronavirus. Overall, there has been a move to minimise the attendance of your divorce lawyer and their clients at registries to uphold the health and safety of all involved.

Key changes for your Divorce Lawyer

  • All documents must be filed electronically;
  • If documents cannot be uploaded to the portal, for example if the document is too large to upload, the documents should be emailed to the relevant registry for filing;
  • Hard copies of documents will only be accepted in limited circumstances;
  • Subpoena viewing is by appointment only in all Registries;
  • Appointments to view subpoena material should only be made if the matter is scheduled for hearing within 4 weeks or if the matter is urgent;
  • Exhibits to affidavits filed in the Family Court of Australia should now be annexed/attached to the affidavit if the exhibits are less than 2cm width and will be filed electronically;
  • Where the exhibits to a Family Court affidavit are more than 2cm in width, an application will need to be made to the registry case co-ordinator.

An “Update to Profession” has also been issued amending procedures in both Courts to minimise the spread of Coronavirus. Duty lists, mentions, directions and interim hearings will generally be conducted by telephone. Exceptions may be made if telephone hearings are impracticable or the matter is urgent and requires a face-to-face hearing. [...]  READ MORE →

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Divorce Lawyer in Focus: Cathy-Anne Grew

Cathy-Anne GrewCathy-Anne is an Accredited Specialist in Family Law and has a Graduate Diploma of Family Dispute Resolution. She has extensive experience in all aspects of Family Law including parenting and property matters, child support and other financial disputes.

Cathy-Anne is a member of the Panel of Independent Children’s Lawyers and is appointed by the Court to represent children in high conflict disputes.

Cathy-Anne is committed to working with clients to help them understand the legal process and achieve the best outcome for their family. [...]  READ MORE →

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How Interim Child Custody Proceedings Can Help You

Interim proceedings allow the Court to make temporary child custody Orders that are effective until the matter can finally be determined. An application for interim Orders cannot be filed without an Application for final Orders. At the interim hearing, some of the issues the Court may consider include who the child should live with until the final hearing, whether the child can travel overseas and whether the child can relocate to another city.

The mere fact that the children are currently in a well settled environment does not prevent the Court from making a child custody Order for parents to spend time with the children. Rather than preserving the status quo, at an interim parenting hearing, the main objective of is for both parents to have meaningful involvement in their children’s’ lives. Child custody law is in favour of substantial involvement of both parents in their children’s lives including both parental responsibility and time spent with the children. This rule is subject to the need to protect the children and provided that it is in the best interests of each child. The Court will consider whether equal time or significant involvement by both parents in the children’s lives is appropriate and practical. [...]  READ MORE →

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Family Law Secretaries in Focus: Tina Skaros

After leaving high school, Tina Skaros undertook her studies at Secretarial school and has applied her skills to the legal field for the past 35 years. Tina has been a secretary for divorce lawyer Carolyn Munk for over 22 years and together they have worked as a team at Matthews Folbigg Lawyers in the Family Law Group for over 11 years. Tina is often the first point of contact for Carolyn’s clients and has developed exceptional communication and organisational skills. Tina has worked predominately in Family Law and prepares Court documents for those seeking a divorce. She is a dedicated and passionate assistant who works closely with clients and their divorce lawyer to progress their parenting and property matters and achieve positive outcomes. Tina also has experience in property settlements after matters have been resolved and now utilises the online PEXA settlement system. [...]  READ MORE →

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Child Support Lawyers– What are Your Options?

There are three different avenues for arranging your child support. They include:

  1. Child Support Assessment
  2. Child Support Agreement
  3. Self Management

Child Support Assessment

One option is to have your child support assessed by the Child Support Registrar, Department of Human Services. The amount payable is calculated according to a formula taking into account the number of children, the income of both parents and time spent with each parent. The amount payable can be changed should your circumstances change.

If you are the receiving parent you can elect to receive payment by either Private Collect or Child Support Collect. The Child Support Registrar can assist with the enforcement of payments. [...]  READ MORE →

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Separation Lawyer Advice – Can your ex take your super?

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

Superannuation falls within the scope of property under the Family Law Act. Upon the breakdown of a relationship, the superannuation splitting laws provide for the possibility for your superannuation to be divided between you and your ex partner as part of your property settlement with a separation lawyer. However, as superannuation is held on trust, different rules apply to how this type of property can be divided. Dividing your superannuation will not automatically turn the interest into cash that you can take home with you, rather, the interest will remain subject to the laws of superannuation. The options available to the non-member spouse that is receiving the split include: [...]  READ MORE →

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Divorce Lawyer Advice – I Want a Divorce – Married Less than Two Years

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

If you have been married for less than two years and you decide to divorce, there are a few things for you to consider with a divorce lawyer. A divorce application is not to be filed within two years after the date of marriage without the leave of the Court. When establishing how the two years is calculated, it is determined from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce. [...]  READ MORE →

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‘I Want a Divorce’ – Divorce Lawyer Advice

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

Divorce Lawyer advice; Can I apply for a divorce?

In Australia you can apply for a divorce with a divorce lawyer if either you or your spouse:

  • Regard Australia as your home and intend to live in Australia indefinitely, or
  • Are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  • Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Additionally, you must be able to prove to the Court that you and your spouse have lived separately and apart (it is possible to live in the same home and still be separated) for a minimum of 12 months and that there is no existent likelihood of resuming married life.

Divorce Applications [...]  READ MORE →

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Divorce lawyer advice about property settlements

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. In the event of a divorce or separation, parties will need to arrange the division of assets and debts. There are a few different avenues that could be taken with a divorce lawyer to do this depending upon your unique situation. Such avenues may include:

  1. An agreement being reached between you and your former partner on the division of property without Court interference ; or
  2. An agreement by applying to the Family Court for consent orders; or
  3. The matter proceeds to Court and a Judge could ultimately determine the outcome of your case.

With guidance of a divorce lawyer you will be able to have a clearer understanding of the general principles under the Family Law Act that are deliberated in property settlement orders; thus enhancing your chance of receiving a positive outcome. [...]  READ MORE →

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Divorce Advice when Children are Involved

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

It is important to recognise that divorce and parenting arrangements are two separate matters. There is a requirement that individuals wait a year in order to divorce however this time restriction is not in place in relation to making parenting arrangements. Couples can be separated and never divorce, however they are permitted to engage in parenting proceedings with a divorce lawyer immediately after separation.

In the event of a divorce or relationship breakdown it is highly recommended that individuals seek advice, particularly when children are involved. Legal advice from a divorce lawyer can assist you and your partner in negotiating and reaching short-term arrangements prior to implementing formal Court orders that may become necessary if an agreement cannot be reached. [...]  READ MORE →

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Unhappy with your current Parenting Arrangement? How to Change your Family Court Orders

In 2016, the Federal Circuit Court of Australia made Orders with the consent of both parents. In summary, they were that the child live with the mother and spend time with the father and the time with the father was to increase as the child increased in age. The parents lived, and continue to live in different towns. In 2018, the father’s divorce lawyer brought fresh proceedings based on two possible scenarios:

  1. If the mother relocates near the father, the child to spend equal time with the parents, or
  2. If the mother does not relocate, he sought Orders in the reverse so that the child lives with him.

In order to revise family law court Orders, the case of Rice & Asplund [1978] FamCA 84 requires the existence of a material change of circumstances. The father’s divorce lawyer argued that since the time of making the consent Orders, his circumstances had changed in three ways: [...]  READ MORE →

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Not a Parent of the Child? What you need to do to Challenge Your Child Support Assessment

When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the term parent also includes adoptive parents, where the child has been born as a result of artificial conception procedures, or if the child was born as a result of a surrogacy. [...]  READ MORE →