Children and Parental Alienation
WHAT’S THE USE OF MY PARENTING ORDERS? Most parents who separate are able to work out flexible arrangements for their children. However, in situations where there is conflict and the parents cannot agree, the Court will formalise parenting orders that are binding and enforceable. Parenting Orders take into account who the children will live with; […]
Property Valuation and Property Settlement
When couples separate they want to separate all their property and move on. There are a number of steps before parties can finalise their Property Settlement. First, the Family Courts in Australia have to consider whether it is just and equitable to make orders for a property settlement at all. The Courts take a number […]
Bail Applications: What Does Show Cause Mean?
I’ve got a bail application. Something was said about show cause. What do they mean? If you or your legal representative have been asked to “show cause” when you appear at Court for your Bail Application, it means that you have to explain why your detention is not justified. What happened to the presumption […]
The Mental Health Act and Changes to applying for a Section 32 in Court
I have to go to Court. My friend said I could do a Section 32 Application but it’s got a different name. What does that mean? You may have mental health issues which affected you when you were charged. You may have a mental condition, a chronic drug addiction or an addiction to alcohol. You […]
We Have a Settlement but my ex Hasn’t Paid. Can I get Interest?
The short answer is yes. It depends on the Property Orders that were made at your settlement. You may have to sell your former home so the Orders will allow some time for that to happen and may give options about selling. If you try to sell it by private treaty and that fails, there […]
Rice and Asplund
My Ex and new partner keep using COVID-19 as an excuse to keep the children. We have Final Orders so can I bring our case back to Court? Circumstances of your Case In the normal course of events, No, you cannot go back to Court to change Parenting Orders if you decide later that you […]
Bail Applications and Show Cause Hearing
I’ve been charged and I’ve been told to make a Release Application. Is that the same as bail? Now I’ve been told I have to go to a Show Cause Hearing? What is Bail? Bail is a set of pre-trial conditions that are imposed once someone who has been charged to make sure they comply […]
Employing Someone New
What should I know about when employing someone? With the retrenchments caused by businesses closing during the coronavirus, many people are looking to find new places to work. Some involve retraining and other lifestyle changes. We have seen news reports of flight attendants using their organisational skills to work in grocery supplies or pilots working […]
Family Violence and Property Proceedings in the Family Court
When finalising a property settlement, the Courts in Australia will consider whether either of the separated partners have any needs such as the care of children or the cost of re-training to secure employment. There may be an adjustment in the division of the former couple’s assets to make allowance for such needs. There are […]
Your Business and Your Family Law Property Settlement
Full and Frank Disclosure The first step in preparing for family law property proceedings, is to identify the property of the parties. Each party must provide evidence of the ownership and value of all assets, liabilities and superannuation. This includes any business interests and any corporate structures in which they or either of them have […]