Child custody visitation is a crucial issue that arises during and following parental separation or divorce. It refers to the quantity of time a non-custodial parent spends with their child. In Australia, child custody visitation is governed by the Family Law Act 1975, which specifies the legal requirements for parents regarding the custody and visitation […]
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Parenting orders are crucial in resolving disputes and establishing clear guidelines for separated or divorced parents in Australia. However, circumstances can change over time, requiring modifications to the existing parenting orders. Let’s explore the process of changing parenting orders in Australia, outlining the legal framework, requirements, and considerations for parents seeking such modifications. What is
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A procedural hearing is a preliminary court session where the judge reviews a case’s progress, clarifies legal issues, and determines the next steps needed before a trial. These hearings are not focused on resolving a case’s substantive issues but are designed to streamline the process, ensuring both parties are prepared for the main hearing or
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Single Expert Witness Family Law Rules In family law proceedings, the court may appoint a single expert witness to provide an independent, unbiased opinion on specific issues, such as child custody, financial valuations, or psychological assessments. According to the Family Law Rules, both parties must agree on appointing a single expert whose report is intended
Single Expert Witness Family Law Rules: 6-Point Comprehensive Read More »
Friend of the Court A friend of the court, or amicus curiae, is a person or organisation invited or permitted to provide the court with expertise, insight, or information relevant to a case. While they do not represent any party in the proceedings, their contributions help clarify complex issues or highlight broader implications of a
Friend of the Court: Helpful 7-Point Guide Read More »
Wastage Family Law In family law, wastage refers to the deliberate or reckless depletion of marital assets, which can significantly impact property settlements during divorce proceedings. Wastage occurs when one party irresponsibly dissipates assets, such as through gambling, excessive spending, or disposing of property, to the detriment of the shared financial pool. The court may
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Calderbank Offer Family Law In family law, a Calderbank offer is a formal settlement proposal made on a “without prejudice save as to costs” basis. This means the offer cannot be disclosed to the court during proceedings, except when determining legal costs after the case concludes. Calderbank offers to encourage parties to settle disputes amicably,
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Contra Proferentem Rule Australia The contra proferentem rule in Australia is a legal principle applied in contract interpretation. It dictates that if a contractual term is ambiguous, the interpretation least favourable to the party that drafted the term will be preferred. This rule ensures fairness in situations where one party has more control over the
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The decision to relocate with a child within Australia involves various legal considerations and processes. The court will consider whether the relocation serves the child’s best interests, balancing the benefits of the move with any negative impact on their relationship with the non-relocating parent. In most cases, the relocating parent will need to file a
Circumstances When A Parent Can Relocate Child Read More »
Parenting Payment While Overseas For many Australian parents, knowing whether they can continue to receive parenting payments whilst overseas is a pressing concern, especially when considering travel or relocation. The good news is that, under certain conditions, it’s possible to continue receiving your parenting payment while outside Australia. However, specific rules and time limits apply,
Parenting Payment While Overseas: 5 Important Criteria Read More »
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