What is Legal Capacity: 5-Point Comprehensive Guide
What is Legal Capacity? Legal capacity refers to a person’s ability to make legally recognised decisions and understand the consequences of those decisions. It requires the individual to comprehend the nature and effect of their choices, including agreements, contracts, medical treatments, or financial matters. In Australian law, legal capacity ensures that a person understands the […]
How Do I Get a Copy of Family Court Orders: 7-Point Comprehensive Guide
If you’re wondering how to obtain a copy of family court orders in Australia, you can usually request them through the Family Court, where the orders were made. Depending on your situation, you may need to apply in person, by mail, or through an online portal. Some court orders are available automatically to the parties […]
Tender Bundle Family Court: 4 Common Mistakes to Avoid
What is a Tender Bundle Family Court? A “tender bundle” in the context of family court refers to a collection of documents that one party wishes to present as evidence during proceedings. The bundle is compiled, organised, and tendered (or submitted) to the court to support a party’s claims or defence. Tender bundles often include […]
Can You Record People Without Consent?
In Australia, recording a conversation without the consent of all parties involved is generally illegal. This applies to private conversations and varies by state and territory. There are certain exceptions, such as for law enforcement purposes or if the recording is deemed in the public interest, but these are specific and limited. Legal Framework for […]
Expert Advice After Receiving Family Law Court Applications
Sometimes, the first you know about your spouse or ex-partner taking Family Law Court action against you is when a process server knocks on your door to serve you with a Court Application. Whilst a natural reaction for you may be to avoid being served with the court document, this may end up being to […]
Civil Partnership vs Marriage Australia
In Australia, both civil partnerships and marriages are recognised forms of legally registered relationships, but they differ in terms of legal status, rights, and societal recognition. Understanding these differences can help couples decide which option best suits their needs. Legal Definition and Status Marriage is a nationwide recognised legal union, while civil partnerships offer similar […]
Which Family Law Court in Melbourne?
Understanding the role of courts in child custody matters is crucial for parents navigating the complexities of family law. In Melbourne, several courts play pivotal roles in addressing child custody disputes. Here’s an overview of these courts and how they operate in the context of child custody. 1. Federal Circuit and Family Court of Australia […]
Out of Court Settlements: 3 Advantages
In legal disputes, particularly within family law in Australia, out-of-court settlements often emerge as a beacon of resolution, offering a pathway to resolve conflicts without the need for protracted court battles. This approach aims to reduce the emotional and financial strain on all parties involved and promotes a more amicable resolution process. Let’s delve into […]
Interim Order Family Court: A 4-Point Comprehensive Guide
What Are Interim Orders? Interim orders are temporary orders made by the Family Court or the Federal Circuit Court to address urgent matters, primarily concerning the care of children. These orders are put in place until final orders can be made, which may take up to 12 months or longer due to the general waiting […]
Mistress Law in Australia: 4 Important Considerations To Protect Your Best Interests
In the complex landscape of family law, the term “mistress law” may not be legal jargon. Still, it has become a colloquial expression to describe the legal implications surrounding extra-marital relationships in Australia. This article delves into the intricate aspects of mistress law, exploring whether an extra-marital affair can be considered a de facto relationship […]