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Getting “What’s fair”

Divorce in the Family Courts can lead to uncertain and unpredictable outcomes. A recent case of Telfer [2016] FCWA 2 (4 January 2016) in the Family Court of Western Australia demonstrates how outcomes in property settlements can be just that. The…
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Words of Caution – Changing the Family Law Act

There has been a great deal of media attention recently (May 2016), attacking the ability of the Family Courts and its Judges to understand and appropriately deal with family violence. I have read that there are suggestions to further amend…
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SUPERANNUATION – IT’S MINE! WELL ACTUALLY IT PROBABLY ISN’T ALL YOURS.

How is superannuation treated under the Family Law Act? Can I get an adjustment of our superannuation in our property settlement? The quick answer is that superannuation is like any other property either of you may have in your name or in joint name
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DO GRANDPARENTS HAVE SPECIAL ENTITLEMENTS TO SPEND TIME WITH OR COMMUNICATE WITH GRANDCHILDREN?

The short answer is yes, the Family Law Act specifically recognises grandparents. In year 2006 the Family Law Act 1975 recognised the importance of the role that grandparents often play in a grandchild’s life and the right of a grandchild to spend time on a regular basis with grandparents who are significant to their care, welfare and development.
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LOTTO CASE – HUSBAND KEEPS ENTIRE LOTTO WIN

The recent decided case of Elford says much more than the headline on Nine MSN of 5 April 2016. The headline read (LINK TO ARTICLE) Divorced Man to keep entire lotto win despite long marriage.
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BINDING FINANCIAL AGREEMENTS – COMMONLY REFERRED TO AS PRE-NUPS

Are they really binding? Want to stay out of the Court and make your own private agreement? The answer is that you certainly can.
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AVOIDING FAILURE IN MEDIATIONS FROM THE OUTSET

Most dictionary definitions of failure refer to a lack of success. Of course there are degrees of success so perhaps “failure" is not quite an appropriate descriptive term. In my experience few mediations result in “failure" or to term it more appropriately, a lack of success. An element of success is prominent in most mediations.
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I HAVE SEPARATED – WHAT DO I DO NOW?

The experience of separation is extremely daunting and can be a time when uncertainty and anxiety about your future impacts on your health and well being. Whilst we can't resolve how you are feeling about your separation, we certainly won't make it worse.
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GRANDPARENTS RIGHTS UNDER FAMILY LAW ACT

Do grandparents have special rights under the Family Law Act? They do have some priority and are specifically mentioned in the Family Law Act.

Family Courts in Crisis in Queensland

The Family Courts are reported to be at a crisis point in Queensland because of a shortage of Judges. The Family Law Act/Courts recently celebrated 40 years of operation.  At lot has changed in 40 years and whilst there have been significant…