Australia

In accordance with the Family Court’s pre-action procedures and the Family Law Rules 2004, all parties to a family law dispute are required to make full and frank disclosure of information and documentation relevant to the matter. The duty to disclose in family law applies in both parenting matters and financial disputes. The duty to…

Christmas comes loaded with emotion. The kids love the thought of Santa and gifts, unwrapping presents, food and staying up late. The parents love the kids loving Santa and gifts, unwrapping presents, and catching up with friends and family and food and drink and too much of all of those, and even when Aunty Maria…

In Australia, there are three types of criminal offences and these are mens rea offences, absolute liability offences and strict liability offences. The defence of honest and reasonable mistake of fact is a legal defence to any strict liability offence. In order to examine the defence of honest and reasonable mistake, we must first look…

When thinking about how a personal injury payout should be treated in a property settlement, courts apply the principles of family law while simultaneously taking into account the principles relevant to personal injury law. Section 79 of the Family Law Act gives the court the power to make orders altering the interest of the parties…

‘The slip rule’ is a common phrase used by the legal profession to refer to a procedural rule in family law matters. The slip rule is derived from Rule 16.05(2)(h) of the Federal Circuit Court Rules 2001 which states that the court or a Registrar may vary or set aside a judgment or order after…

When a husband or wife inherits money after the couple has separated, it can be unclear whether the post-separation  inheritance can rightly be included as part of the matrimonial asset pool. Whether such income should be classed as part of the asset pool, or whether it should be found to constitute a financial resource was…

If you and your former partner are able to reach an agreement about parenting arrangements or how the matrimonial assets are to be divided, you can formalise this agreement by way of family law Consent Orders. Consent Orders are a written agreement between the parties, which is filed in court and upon approval, becomes a…

The Australian government has announced it will not be signing a United Nations migration pact, which was developed during 2018. The pact invites signatory states to work towards a more humane and cooperative approach to world migration and to adopt domestic practices that address migration issues in a safe, orderly and regular way through international…

Children are generally responsible for the consequences of any wrongful acts they commit. However, the degree of reasonable care to be expected of a child depends on the age and experience of the child. How the liability of children is assessed is in some respects different from how the wrongdoing of an adult would be…

If you have been summonsed to give evidence in a criminal matter, you are required to comply and are may be charged with contempt of court if you do not attend and a warrant may be issued for your arrest. If you have to deal with a medical emergency or some other exceptional circumstance prevents…

Contributory negligence arises when a plaintiff’s lack of care contributed to the harm or injury they suffered. It can be advanced as a full or a partial defence by a person being sued for the tort of negligence. Whether a plaintiff was contributorily negligent will depend on whether they failed to take the standard of…

It is common for defendants in criminal matters to represent themselves in court. This is particularly the case when a person is pleading guilty in a minor matter such as a traffic offence or a minor summary offence such as disorderly behaviour in public. If you are considering representing yourself in a criminal matter, it…

It is common in the Family Court and in the Federal Circuit Court for parties to represent themselves for all or part of the proceedings. This may be because they cannot afford a lawyer and do not qualify for legal aid. It may also be because they want to save money and think they do…

The process for formalising arrangements for custody of children after parents have separated can be difficult and confusing. It is important that proper arrangements are made for the care of children and that the arrangements promote the children’s best interests. GTC Lawyers can provide information and advice about ‘live with’ and ‘spend time’ arrangements for children after a separation, especially in…

Family law appeals are relatively uncommon. There are several reasons for this. Firstly, family law judgements are discretionary. This means that unlike in some areas of law, where there is a single correct decision that the court should arrive at if it properly considers the evidence and applies relevant legal principles, family law judges have…

Torts are civil wrongs done by one party to another. A tort causes a person to suffer loss or harm. A person who is the claimant in a tort may sue for damages or other relief. Torts are generally created by the common law but there are also statutory wrongs which amount to torts. Torts…