Family Law

A case is currently before the High Court concerning whether a man who donated sperm to a lesbian couple has standing to seek parenting orders over the child. Under New South Wales law, a sperm donor is not a parent. However, under the federal Family Law system, biological or non-biological parents may be recognised as…

Under Section 131 of the Evidence Act, communications between parties made in the course of negotiating a dispute are privileged. This means that such communications are not admissible as evidence in any family law proceedings that may arise. However, the act provides a number of exceptions to this rule where not admitting such a communication…

Section 90B of the Family Law Act sets out the circumstances in which a written agreement made by parties contemplating marriage is a binding financial agreement. In the recent case of Graham v Squibb, the Family Court considered the situation where parties had purported to make such an agreement but had not complied with the…

The time of year when most of us are engaged in buying gifts for family and loved ones has just passed. Sometimes these gifts will be small such as a nice bottle of wine but sometimes they are generous gifts, like money for the deposit on a house, or a car. This article discusses how…

An issue which can arise after separation is what happens in the event of the death of a party to the relationship before there is a final distribution of property, either by agreement or by court order.  If neither party has commenced legal proceedings and one party dies, the law to be applied will be…

A subpoena is a form of summons issued by the court at the request of a party to legal proceedings requiring a person to produce certain documents and/or give evidence for the purposes of a trial. Subpoenas are generally required to be personally served on the named person either in their personal capacity or on…

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…

A caveat is a formal notice or warning issued against the title of a property. In Western Australia, caveats are registered at Landgate, which is the titles office responsible for recording all dealings and interests regarding Western Australian land. Caveats cannot be placed on personal property but only on real estate. The purpose of a…

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…

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…

This article examines the relationship between child protection proceedings in the Children’s Court and parenting proceedings in the Family Court or Federal Circuit Court. While child protection matters in Queensland are governed by the Child Protection Act 1999, parenting matters are governed by the Family Law Act 1975.  What are child protection proceedings? The Child…

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…

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…