Caveats: what are they, and what purpose do they serve in family law matters?
It is not uncommon for family law matters to involve one of the parties owning real estate in their sole name, notwithstanding the manner in which the property was acquired or each party’s financial and non-financial contributions to the property. In such cases, understanding caveats in family law becomes essential,...
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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...
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Amendments to Domestic and Family Violence Protection Act 2012
On 1 August 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 came into effect resulting in the following major changes to the Domestic and Family Violence Protection Act 2012 (“the Act”): Cross-applications Under the Domestic and Family Violence Protection Act...
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How to apply for temporary and final protection orders
The Domestic and Family Violence Protection Act 2012 (Qld) (“the Act”) is the legislation that governs domestic violence proceedings in Queensland. When filing an application for a protection order, you must indicate whether you seek a temporary protection order in addition to a final protection order. The test that the...
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Has your de facto relationship broken down?
The High Court decision of Fairbairn v Radecki [2022] HCA 18 considered the meaning of “breakdown of a de facto relationship” for the purpose of making property settlement orders pursuant to section 90SM of the Family Law Act 1975 (Cth) (“the Act”). The facts Since late 2005 or early 2006,...
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Family Law Watchlist
Are you concerned that your partner is going to take your child overseas without your permission? As a parent, there are steps you can take to prevent this by placing your child’s name on the Watchlist. The Family Law Watchlist is maintained by the Australian Federal Police (‘AFP’). A child...
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Spousal maintenance
Under the Family Law Act 1975 (‘the Act’), a party to a marriage or de facto relationship is liable to maintain the other party to the extent that they are reasonably able to do so and only if the other party is unable to support themselves adequately by reason...
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QTranscripts
From 10 October 2022, to obtain a transcript for a court hearing from any Queensland court or Tribunal, you must submit an application through QTranscripts. QTranscripts has replaced the previous transcript provider, Auscript. QTranscripts is a government web-based platform accessed through your/your businesses myGovID or QGov account. QTranscripts was rolled-out...
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