It is not uncommon for family law matters to involve one of the parties owning real estate in their sole name, notwithstanding the manner in which the property was acquired or each party’s financial and non-financial contributions to the property. This may occur for a variety of reasons, such as when one party has brought […] The post Caveats: what are they, and what purpose do they serve in family law matters? appeared first on Family & Divorce Lawyers Brisbane ..read more

  Can the power of attorney of a party commence proceedings in the Federal Circuit and Family Court of Australia as litigation guardian?  In Holden, Jarrett J heard an application for whether property proceedings commenced by the wife via her power of attorneys were ‘valid’.  The parties were married for almost 55 years. From 2021, […] The post Family law case note: Holden [2023] FedCFamC1F 331 (“Holden”) appeared first on Family & Divorce Lawyers Brisbane ..read more

The Domestic and Family Violence Protection Act 2012 (Qld) (“the Act”) is the legislation that governs domestic violence proceedings in Queensland. When filing an application for a protection order, you must indicate whether you seek a temporary protection order in addition to a final protection order. The test that the court must be satisfied to make a temporary protection order is different to the test for a final protection order.  Temporary protection order  For a court to make a temporary protection order against the respondent, the court must be satisfied of two (2) conditions ..read more

The High Court decision of Fairbairn v Radecki [2022] HCA 18 considered the meaning of “breakdown of a de facto relationship” for the purpose of making property settlement orders pursuant to section 90SM of the Family Law Act 1975 (Cth) (“the Act”). The facts Since late 2005 or early 2006, Ms Fairbairn and Mr Radecki had been in a de facto relationship. An important aspect of their relationship was the agreement to keep their assets separate. After suffering a rapid cognitive decline in 2015, Ms Fairbairn was diagnosed with dementia in 2017. The NSW Civil and Administrative Tribunal appointed ..read more

Are you concerned that your partner is going to take your child overseas without your permission? As a parent, there are steps you can take to prevent this by placing your child’s name on the Family Law Watchlist. The Family Law Watchlist is maintained by the Australian Federal Police (‘AFP’). A child that is placed on the Family Law Watchlist is prevented from leaving Australia without the permission of both parents or without an order of the court.  A child’s name may be placed on the Family Law Watchlist in the following circumstances: There is a court order that limits or preve ..read more

From 10 October 2022, to obtain a transcript for a court hearing from any Queensland court or Tribunal, you must submit an application through QTranscripts. QTranscripts has replaced the previous transcript provider, Auscript. QTranscripts is a government web-based platform accessed through your/your businesses myGovID or QGov account. QTranscripts was rolled-out in Queensland in three stages with the last stage being 10 October 2022. Auscript has now discontinued its transcript services. To request a transcript from QTranscripts, you must: Step 1          Log into QTr ..read more

If you are considering issuing a subpoena for the production of documents directed to the Department of Children, Youth Justice and Multicultural Affairs, you may find the following information helpful to include in the schedule to the subpoena: 1.    Any notifications or information provided to the Department of Child Safety, Youth, Justice and Multicultural Affairs of suspected abuse of the child listed and in particular any details of notifications regarding the exposure of the aforesaid child to family violence or neglect; 2.    Any assessments, investigations and reaso ..read more

If you are considering issuing a subpoena for the production of documents directed to the Queensland Police Service, you may find the following information helpful to include in the schedule to the subpoena: 1.     Any audio tapes and/or videotapes; 2.    Police referrals to any hospitals (including suspected child abuse or neglect teams – SCAN), specialists including but not limited to social workers, psychologists, psychiatrists, therapists, counsellors, educational specialists and the reports, records and assessments obtained and/or provided; 3.    Crimina ..read more

The Federal Circuit and Family Court of Australia has recently announced the establishment of a Critical Incident List, which is intended to urgently deal with applications where no parent is available to care for a child due to circumstances involving family violence, and court orders are necessary to facilitate an appropriate third party caring and making decisions for the subject child/ren. Orders for parental responsibility serve a particularly important purpose when a non-parent is caring for a child. Such orders are necessary to ensure the non-parent carer can make decisions for the chil ..read more

Pursuant to section 65C(ba) of the Family Law Act 1975, a grandparent may apply to the Federal Circuit and Family Court of Australia for parenting orders relating to a child/ren.  The court must always consider what orders are in the best interest of the child/ren when making orders with respect to a grandparent spending time/communicating with the child/ren. The court is generally reluctant to intervene in the parent’s care of the child/ren and to make orders providing for the child/ren to spend time with a grandparent unless there is compelling evidence to suggest that such orders would ..read more