Family Lawyers

Family law case note: Holden [2023] FedCFamC1F 331 (“Holden”)

  Can the power of attorney of a party commence proceedings in the Federal Circuit and Family Court of Australia as litigation guardian?  In Holden, Jarrett J heard an application for whether property proceedings commenced by the wife via her power of attorneys were ‘valid’.  The parties were married for almost 55 years. From 2021, […]

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Subpoena-for-the-production-of-documents-to-the-Department-of-Children

Subpoena for the production of documents to the Department of Children, Youth Justice and Multicultural Affairs

If you are considering issuing a subpoena for the production of documents directed to the Department of Children, Youth Justice and Multicultural Affairs, you may find the following information helpful to include in the schedule to the subpoena: 1.    Any notifications or information provided to the Department of Child Safety, Youth, Justice and Multicultural

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Subpoena-for-the-production-of-documents-to-the-Queensland-Police-Service

Subpoena for the production of documents to the Queensland Police Service

If you are considering issuing a subpoena for the production of documents directed to the Queensland Police Service, you may find the following information helpful to include in the schedule to the subpoena: 1.     Any audio tapes and/or videotapes; 2.    Police referrals to any hospitals (including suspected child abuse or neglect teams –

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The Critical Incident List: what is it and what matters are eligible?

The Federal Circuit and Family Court of Australia has recently announced the establishment of a Critical Incident List, which is intended to urgently deal with applications where no parent is available to care for a child due to circumstances involving family violence, and court orders are necessary to facilitate an appropriate third party caring and

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Superannuation payments splits - separated less than 12 months

What Separated Couples Need to Know About Superannuation Payment Splits?

Superannuation payment splits pursuant to financial agreements when parties have been separated for less than 12 months and the member’s total withdrawal value exceeds the low rate cap amount that financial year Each financial year, the Australian Taxation Office sets a ‘low rate cap amount’ which is a limit on taxable components for lump sum

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Changes coming to Residential Tenancies and Rooming Accommodation Regulations

Changes coming to Residential Tenancies and Rooming Accommodation Regulations

The draft Residential Tenancies and Rooming Accommodation (Covid-19 Emergency Response) Regulation 2020 which is not in force yet, will have the following effect for victims of domestic violence: They will be able to terminate a lease agreement if to do so, is necessary to protect them from domestic and family violence. They are able to

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