1. What is a Procedural Hearing? 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 […]
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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
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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
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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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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,
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The term “grey divorce” may sound unfamiliar to some, but it’s a rising phenomenon worldwide, including Australia. Grey divorce refers to couples, often in their late 50s or older, deciding to part ways after decades of marriage. With Australia seeing a surge in this kind of separation, it’s crucial to understand the legal and emotional
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In family law, the term broken heart law Australia isn’t a formal legal term but rather a colloquial expression that captures the emotional turmoil and potential legal ramifications of infidelity in a marriage. Contrary to what the name might suggest, Australian law does not provide a legal avenue to pursue damages for the emotional distress
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A contrived relationship, particularly in the context of immigration and visa applications, is one that is deliberately fabricated or manipulated to achieve specific outcomes, such as gaining residency or citizenship. These relationships are often created to circumvent immigration laws, including fake marriages or partnerships. Australian authorities, including the Department of Home Affairs and the Australian
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