Family Law

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…

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…

The Family Law Act 1975 sets out the principles that are to underpin courts’ decisions as to where children should live, who they should have contact with and any other matters that are to be included in Parenting Orders. The paramount consideration in all decisions about parenting orders is the best interests of the child.…

While the Children’s Court and the Family Court are separate jurisdictions that deal with different types of proceedings, there are some situations where they overlap. While the Children’s Court of Western Australia deals with child protection proceedings, the Family Court deals with family law matters including parenting orders. In some situations, the Department of Child…

When a couple has separated but is in agreement as to the financial arrangements that should be put in place, property orders can be obtained by consent. The parties can file a joint application confirming the terms of the agreement. The consent orders are then made in chambers by a judge or a registrar without…

When a party to litigation does not have the capacity to instruct their own lawyer, because they are below the age of 18 or because they are mentally impaired, a litigation guardian is appointed by the court to give instructions on that party’s behalf. Litigation guardians step into the shoes of the party who lacks…