Australia

Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Family Court of Australia must first give its approval for the adoption to proceed (section 60G Family Law Act 1975). Adoption…

On 11 February 2020, the High Court delivered its much-anticipated judgement in the matter of Love & Thoms v Commonwealth. The court ruled in a majority judgment that the Commonwealth does not have the power to deal with Aboriginal non-citizens as ‘aliens’ under Section 51(xix) of the Constitution. In effect, the decision means that immigration…

Courts have an obligation at law to accord procedural fairness to any person who is being sentenced before a court. This obligation exists to ensure fairness and transparency in the sentencing process. Procedural fairness essentially imposes two fundamental rules. Proceedings must take place in open court where both parties are allowed the opportunity to be…

Family law matters can be time-consuming as well as expensive to litigate. The wait time for a court to determine a family law matter on a final basis can be over two years from when the Initiating Application is filed. In order to resolve matters efficiently, parties should consider alternative dispute resolution mechanisms such as…

In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on the basis of religion, but…

If one parent prevents the other parent from having contact with the child or children, it may be necessary to make an application for a recovery order and/or a location order. Location Orders and Recovery Orders are governed by Sections 67J and 67Q of the Family Law Act 1975 and address circumstances where a person is prevented…

The Federal Circuit Court of Australia and the Family Court of Australia jointly make up the Australian Family Law Courts. The two courts deal with a range of matters, including care of children, divorce and property settlement. Both courts operate under the same Commonwealth legislation, the Family Law Act 1975. It’s not uncommon for adults…

The Family Law Act applies to de facto relationships as well as to marriages. This means that court orders can be made regarding the division of property, spousal maintenance and other matters that arise following a separation whether the parties were legally married or in a de facto relationship. However, it is not always easy…

Character evidence is evidence that can demonstrate that the defendant is of good or bad character. Depending on the matter before the court, character evidence may be given in written form or through the oral testimony of a witness. There are rules that apply to character evidence and whether such evidence is admissible or not.…

In Australia, a person may only be married to one person at any given time.  Section 94 of the Marriage Act 1961 provides that a person who is married shall not go through a form or ceremony of marriage with any person.  Marrying another person when one is already married is known as bigamy. Criminal…

Parents should think twice before taking their child overseas without first getting permission from the child’s other parent. A number of legal restrictions are in place to prevent a child leaving Australia without the consent of both parents. Even if you are only planning a short holiday, it is important to get permission from the…

Relationship breakdowns can be a source of emotional distress and grief.  These feelings can be inflated by the complex, and often unavoidable, exercise of dividing property. You may have an interest in the property you shared with your former partner, however, your name may not be on the property title. There are a number of…

The Registrar uses administrative formulas to calculate child support assessments. He or she considers income and care when calculating the child support a parent must pay. In special circumstances, the Registrar of Child Support can change an assessment. The provisions that empower the registrar to do this are found in Part 6A of the Child Support…

Presumptions of parentage are the framework courts and other agencies use to make an assumption about who the parents of a child are in the absence of direct evidence. In the past, a presumption of parentage was dictated by common law (court-made law). The common law presumption reflected traditional social norms: marriage only occurred between…

Contact services are agencies which provide trained staff to supervise the handover of children from one parent to another and to oversee a party’s time with the children. There are many privately run and government-run organisations which provide contact services. Reports by contact services Contact services can provide a report to the parties and to…

In recent months, the Department of Home Affairs (DOHA) has been increasing the range and scope of migration options for prospective skilled visa applicants who are willing to live and work in regional Australia. On 26 October 2019, Prime Minister Scott Morrison announced that the government would be stepping up its commitment to regional Australia…