Family Law Archives | Page 2 of 3 | McLachlan Thorpe Partners

AND CUT! – THE USE OF VIDEO AND AUDIO RECORDINGS IN FAMILY LAW MATTERS

Leave a Comment / Family Law, Lifestyle / julz

Smartphones and smart technology have permeated almost all aspects of our daily lives. It is easier than ever before to access and record information. Whilst most people use their smartphones to snap the perfect profile pic or record “home movies”; the use of recording technology is increasing prevalent in Family Law proceedings as people try […]

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WHAT IS PARENTAL RESPONSIBILITY?

Leave a Comment / Family Law / julz

WHAT IS PARENTAL RESPONSIBILITY AND WHY IS IT IMPORTANT IN FAMILY LAW? Parental responsibility is a frequently used term in family law, but what does it really mean and why is it important when making decisions in relation to parenting matters. What is Parental Responsibility? The Family Law Act 1975 defines parental responsibility as “all

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HOW TO APPLY FOR A DIVORCE?

Leave a Comment / Family Law / julz

Who may apply for a Divorce? The Family Law Act 1975 introduced “no fault divorce” in Australia; that is the only grounds for divorce is that your marriage has broken down irretrievably and there is no reasonable likelihood that you and your spouse will resume your relationship. To apply for an application for Divorce you

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AM I IN A DE FACTO RELATIONSHIP?

Leave a Comment / Family Law / julz

In today’s society, it’s common for many couples to live together without tying the knot so how do you define these relationships in a legal sense? You are considered to be in a de facto relationship with someone if three criteria set out by the Family Law Act 1975 (Cth) are satisfied: 1. You and

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CAN I CHANGE MY PROPERTY SETTLEMENT ORDERS?

Leave a Comment / Family Law, Property & Construction / julz

Once Orders are made, either by the Court or the consent of the parties, they are final in relation to property settlement. Once made, Orders made only be varied if either the parties consent or the Court determines that it is appropriate to change the Orders. It is not always necessary to change Orders. For

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DRUG TESTING IN FAMILY LAW PROCEEDINGS

Leave a Comment / Family Law / julz

When determining parenting matters, the Court’s paramount consideration is to ensure the best interests of the child are met. When determining a child’s best interest there are a number of considerations the Court must consider; however, the primary factors taken into consideration by the court when determining orders in the child’s best interests are: The

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DOES SOMEONE OWE YOU MONEY?

Leave a Comment / Commercial Litigation and Dispute Resolution, Family Law / julz

A LOOK AT DEBT RECOVERY OPTIONS If someone owes you money, and negotiations or demands for repayment have been unsuccessful, the first step is to obtain a judgment from the Court confirming that the debt is owed. This involves commencing legal proceedings via a document called a Statement of Claim. This document sets out the

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WE’RE ALL GOING ON A HOLIDAY! AREN’T WE?

Leave a Comment / Family Law / julz

You can often negotiate an agreement in relation to your children’s travel, either through private discussions or with the help of legal representatives. However, there are many cases where the non-travelling parent refuses to provide their consent or to sign the passport application – sometimes because of genuine concerns about the child’s safety when traveling

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INHERITANCE AND FAMILY LAW

Leave a Comment / Estate Planning, Deceased Estates and Estate Disputes, Family Law / julz

Often parties to a marriage or de facto relationship will receive an inheritance during the course of marriage or relationship, or following separation but prior to the parties completing a property settlement. In many instances the party receiving the inheritance will seek to quarantine the inheritance from the pool of assets subject to the property

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CHANGES TO BINDING CHILD SUPPORT AGREEMENTS

6 Comments / Family Law / julz

CHANGES TO BINDING CHILD SUPPORT AGREEMENTS On 1 July 2018 amendments were made to the Child Support (Assessment) Act 1989 (Cth) (“the Act”) via the enactment of the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018. These amendments included a series of changes affecting Binding Child Support Agreements. In particular the amendments

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