In a recent newspaper article published by the Sydney Morning Herald it was reported that there was a recent increase in urgent family law cases as a result of the current COVID-19 climate. In a media release issued by the Family Court of Australia it was confirmed that over a four-week period during March and April there was a 39% increase in filing of urgent applications in the Family Court of Australia and a 23% increase in filing of matters in the Federal Circuit Court of Australia. In response to the increase in urgent parenting applications having arisen due to the cu ..read more

After the emotional upheaval that comes with the breakdown of a relationship, entering into negotiations for a property settlement with your estranged spouse, can be daunting and overwhelming. To ensure a complete and final severance of the relationship, there is often more involved than simply a division of the assets and liabilities. Before you embark on negotiations, and certainly before the first meeting with your lawyer, you should consider the following. Silent Directors – if you are a director of a company that is entirely run by your spouse, without your involvement or input, see ..read more

Alternative solutions to adoption once a child turns 18 For children that have spent all or part of their childhoods in the foster system in NSW, finding a permanent placement and having discussions with their family about the potential to pursue an Adoption Application is a very emotional time. There are many circumstances that the agency that facilitated the foster placement, or the Department of Communities and Justice (formerly the Department of Family and Community Services), will directly fund and facilitate families pursuing an Adoption Application through the Supreme Court of NSW.  ..read more

We all know when it comes to child support payments and non-agency child support there can often be some confusion. So, what is classified as a “non-agency payment”? If you don’t have an agreement, what is a “prescribed payment”? Consider the following: An administrative assessment is currently in place for Peter to pay Lucy child support of $1,500.00 a month.  Lucy drives a car that is legally registered in Peter’s name, which she uses to transport the child of her relationship with Peter, to and from school.  The car is subject to finance and Peter has continued to pay the monthly ..read more

On 19 June 2019, the High Court of Australia made a landmark decision regarding the parental rights of a sperm donor when it delivered judgment in the matter of Masson v Parsons. The biological father and sperm donor, Mr Masson, sought orders from the Family Court of Australia to restrain the biological mother and her same-sex partner from relocating with their child to New Zealand. What originated as a case concerning parental responsibility and the best interests of the child, ended up becoming a battle of legal definitions, and a battle of whether the parties should ..read more

The breakdown of a relationship can be a very challenging and emotional time which can cause parties to do or say certain things that cause the other party to fear for their safety. It is also not uncommon for parties who have demonstrated abusive or aggressive behaviour throughout the relationship to intensify that behaviour leading up to or during separation. The above means that often, there becomes a criminal law overlap in family law matters and Apprehended Domestic Violence Orders, more commonly known as ADVO’s, are a regular occurrence. An ADVO is a court order devised to protect someon ..read more

“It’s terrible that you’re experiencing domestic violence but what’s it got to do with me?  I’m just your employer.” Well, actually, quite a bit, in terms of both general employee entitlements and individual cases. Of course, employers are not responsible for employees’ domestic situations, but the law mandates some entitlements for employees experiencing domestic violence, and also indirectly encourages employers to provide assistance where feasible, and not to take actions which may make things worse. So, what are the entitlements? Basically, the right to take up to five days unpai ..read more

Time and time again, we see the value in ensuring that Financial Agreements (commonly referred to as ‘prenups’) are entered into between parties with care, fairness, and in a timely manner without pressure, to avoid any challenges further down the track. In a recent case before the Family Court (Salvage & Fosse), a de facto wife (wife) applied to set aside a Financial Agreement that had been in place for many years on her assertion that: the Agreement was presented to her as being ‘not negotiable’; she was pressured and rushed to sign it; her lawyer’s advice was brief, with no opportunity ..read more

Recently, the Federal Government proposed to do away with the Family Court as a standalone court. The proposal involved merging the specialist Family Court of Australia with the Federal Circuit Court of Australia. In response to the proposal, a coalition of more than 60 legal organisations, including the Law Council, Women’s Legal Services Australia, Community Legal Centres Australia, and the National Aboriginal and Torres Strait Islander Legal Service have urged the Federal Government to reconsider the proposal, on the basis that the proposed court merger could place children a ..read more

In Australia, spouses can file for a divorce once the pair has been separated for a period of no less than 12 months.  Once the decision has been made to apply for a divorce, an electronic application must be made to the Federal Circuit Court of Australia through the Commonwealth Courts Portal. This blog aims to provide Australian couples with some clarity with regard to the varied steps involved in filing for divorce. There are two distinct ways that parties can apply for a divorce: Filing an application jointly: An application for Divorce can be filed jointly by ..read more