Working in family law, particularly domestic violence can sometimes involve working with aggressive and threatening clients or opposing parties. Clients who did not receive the result they hoped for or the opposing party who has taken a dislike to you because you are acting against them, may exert threatening behavior toward you and/or your family …
The issue of what surname a child should be known as is often required to be considered in the Family Law Courts. Deborah Awyzio elaborates in this LinkedIn post: https://www.linkedin.com/pulse/childrens-surnames-family-law-disputes-deborah-awyzio/
The legal ambit of the case was about constitutional law and about how State and Federal legislation operates. Essentially Victorian legislation provides that there is an irrebuttable presumption that if a woman has a child conceived through artificial insemination, the male who donates the sperm (provided it is not her husband) is presumed not to …
From 10 September 2019, new arrangements begin about the cross-examination of victims of domestic violence in the Family Court and Federal Circuit Courts of Australia. This is relevant for parties who are self-represented in the Family Court and Federal Circuit Courts of Australia. If a person is acting on their own behalf without a lawyer …
New protection at court for domestic violence victims Read More »
As a family lawyer we often have clients who are trying to finalise property settlement with their former partner and have difficulty providing evidence about money that has been advanced by family members to them in the past. In family law matters, it is not unusual for a client to have been married for say …
When it is necessary for a matter to proceed to litigation for determination, strategy and planning are two of the most important factors which can impact on the ultimate result. Before the first court document is filed, it is imperative that thought has been given to your litigation strategy, by considering the following: What is …
A recent decision made by Justice Benjamin at first instance in the Family Court of Australia in the case of Simic & Norton highlights the obligations of legal representatives in family law proceedings. This was a case that involved a determination about parenting and property settlement. All matters were ultimately settled, albeit on the seventh day of trial but Justice Benjamin …
High legal costs result in referral to Legal Services Commission Read More »
Indemnity cost orders are rare in the Family Law jurisdiction. A recent case SCVG & KLD and Anor is a Full Court decision which upheld an indemnity costs order made by the trial judge in parenting proceedings against the Father. Section 117 Family Law Act provides the general principle that each party should bear their …
There are many costs involved in running an appeal in the Family Court. Legal fees if you choose to be legally represented and the cost of obtaining a transcript. In a recent case Knox and Knox involving an appeal from a six day trial, the cost of obtaining the transcript from Auscript was $12,000. The …
In a recent appeal about a long term supervision order about the time that three children spent with their father, Bertros & Bertros the Full Court of the Family Court of Australia upheld a final parenting order that provided for: Sole parental responsibility to the Mother. The children live with the Mother. The children spend …
