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The role of a divorce lawyer in raising a Kennon argument for contributions in property proceedings

Consulting a divorce lawyer after a high conflict relationship can be daunting. There is a great amount of legal factors to consider when separating from your partner. When the relationship has broken down, engaging in negotiations can be both tiresome and overwhelming.

Family violence is unacceptable in all contexts, so it is important to understand how the Court will deal with the occurrence of such acts when determining property settlement. The landmark decision in Kennon & Kennon is not unfamiliar to a divorce lawyer. It establishes a foundation for appropriate adjustments to contributions in a relationship when acts of violence are occurring. The Court will only consider adjustments if the party seeking it can demonstrate: [...]  READ MORE →

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Divorce Lawyer Explains the Steps You Can Take if You are Unhappy with Your Final Orders

If you are not satisfied with your Final Orders made by the Court, your divorce lawyer can provide you with some advice about your options of an Appeal. Appeals must be filed within 28 days of the Orders being made.

However, the filing of an appeal does not automatically stop the obligations contained in the Final Orders. As such, your divorce lawyer may advise whether it is appropriate to file an application to stay the Final Orders. If the application for a stay is successful, the Final Orders will not operate until the appeal is decided. [...]  READ MORE →

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What You Need to Show the Court to Obtain a Divorce

In order to obtain a divorce, there are certain requirements depending on whether you have children under the age of 18 years. If you do have children under the age of 18 years, your divorce lawyer will need to demonstrate to the Court that:

  1. Proper arrangements in all the circumstances have been made for the care, welfare and development of the children, or
  2. That there are circumstances by reason of which the divorce order should take effect even though the court is not satisfied that such arrangements have been made.

There is a positive obligation on the Court not to allow divorce orders to take effect unless proper arrangements have been made for the children. Your divorce lawyer will consider the following factors when advising you: whether any child support is being paid, whether both parents are spending time with the children, the health of the children and whether they are attending and progressing in school. [...]  READ MORE →

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The Family Court Merger – Our Family Law Lawyers Outline What You Need to Know

By Chloe Elkerton, Family Law Solicitor

Last week the Morrison Government passed a Bill that will undoubtedly result in the biggest overhaul of Australia’s Family Court system since 1975.

Under our current Family Law structure, family law lawyers will tell you that matters proceed to hearing in one of either two Courts:

  1. The Family Court of Australia – which deals with complex family law matters, and
  2. The Federal Circuit Court of Australia – which deals with less complex family law matters and also other areas of law including migration, bankruptcy, human rights, industrial law and more.

The Family Court of Australia was established in 1976 as a stand-alone specialist Court. It recognised that many family law matters are complex and require specialised Judges and staff to support vulnerable Australian families. [...]  READ MORE →

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4 Important Questions You Should Ask Your Divorce Lawyer

By Carolyn Munk, Principal Family Lawyer. 

Your Divorce Lawyer will tell you that an early practical and cost effective outcome is the best outcome for you and for the family as a whole.

Sometimes in complex matters that is not possible, but in many cases, if the client is well informed then such an outcome is easier to achieve.

Our Divorce Lawyers try to ensure our clients are informed about the following considerations:-

  1. What will be the impact of litigation upon the family and the future of the family to work together
  2. What is my best likely outcome
  3. What are the risks and the worst likely outcome
  4. How much will the legal costs be if I:-
    • Settle the case now
    • Try to see what settlement can be achieved if I participate in mediation
    • Proceed to litigation and let a Judge decide what financial and or parenting Orders should be made for my family.

While the Judges do the best they can in a limited time frame and with a limited knowledge of your family; there are significant Court delays and these are now probably the worst that they have ever been. [...]  READ MORE →

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Innovations in the Family Court to help respond to domestic violence

One of the positives to arise from 2020 is the implementation of the Lighthouse Project, an initiative by the Family Court and Federal Circuit Court that seeks to improve the Court’s capacity to respond and assist in the protection of vulnerable parties and children in family law proceedings. Your Domestic Violence lawyer can provide some guidance as to the new project.

In summary, the implementation of the Lighthouse Project arose from a need for the Courts to assist vulnerable victims, including children, to leave an abusive environment  quickly and safely. [...]  READ MORE →

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The significance of domestic violence within the Family Courts and the legal impact it has upon separation

Domestic violence extends beyond just physical abuse; it can comprise sexual, emotional, financial and psychological abuse. Unfortunately, for some people who have been exposed to this type of behaviour over an extended period, they don’t appreciate that such behaviour is not the norm.

Domestic Violence lawyers can assist in identifying this type of behaviour.

Within the family law context, the Family Law Act describes this conduct as ‘family violence’ and defines it as follows:-

“… family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family… or causes the family member to be fearful” (s.4AB(1)). [...]  READ MORE →

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The Move to an Online Family Court: How Covid-19 has Influenced the Way Divorce Lawyers Represent their Clients

The prevalence of Covid-19, the coronavirus, has catapulted the Family Courts into rapid digital transformation. At first, the Courts began to switch from face-to-face court events to telephone conferences on a dial in basis. By the beginning of April, the Courts began to conduct Hearings by Microsoft Teams, a program that allows video conferencing so that parties, their divorce lawyers and judicial officers may all see each other in a “virtual courtroom”.

Alongside the transition to online Court hearings was the introduction of the Digital Court File. Previously, parties and their divorce lawyers had the option to file court documents in hard copy, particularly if the matter was urgent. This system proved challenging during the pandemic particularly for Judges and Registrars operating from remote locations. To allow matters to be heard in any location during the pandemic, every new Court file is now completely electronic and able to be downloaded using the Court portal. [...]  READ MORE →

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Family Law Lawyers in Focus: Cassandra Bayliss

Cassandra BaylissCassandra is a solicitor in the Family Law area of Matthews Folbigg.

Cassandra joined the Matthews Folbigg Family Law practice group as a law clerk in early 2015 and was admitted to the Supreme Court of NSW in 2018, after graduating with a Bachelor of Laws and a Bachelor of Business and Commerce majoring in Human Resource Management and Industrial Relations. During her university studies, Cassandra was invited to join the Golden Key International Honour Society which recognises the top 15% of university students based on their academic achievements. [...]  READ MORE →

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Family Lawyer in Focus: Kieran Ridley

Kieran RidleyKieran Ridley was admitted as a Solicitor of the Supreme Court of New South Wales in 2013 and as a Solicitor of the High Court of Australia in the same year.  Kieran is a graduate of Western Sydney University with degrees in Law (Dean’s Merit List 2012) and Business (Management).  Kieran also holds a Graduate Diploma in Teaching from Excelsia College and a  Graduate Diploma in Legal Practice from the Australian National University. Kieran is on the Family Law and Criminal Law Panels with the Legal Aid Commission of New South Wales, providing private legal representation. [...]  READ MORE →

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Family Lawyer in Focus: Tina Lohitharajah

Tina LohitharajahTina is an Accredited Family Law Specialist and practices exclusively in Family Law. She has extensive experience in all facets of Family Law including divorce, parenting, property, spousal maintenance and child support matters. Tina regularly attends the Family Court and Federal Circuit Court at both the Sydney and Parramatta registries.

Tina holds a Master of Laws and Bachelor of Arts-Psychology. She commenced her family law experience in 2010 while working for the Federal Magistrates Court (now known as the Federal Circuit Court of Australia). In addition to her technical legal knowledge, this background has provided her with invaluable insight and a greater appreciation for the needs of her family law clients. [...]  READ MORE →

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Divorce Lawyer in Focus: Cathy-Anne Grew

Cathy-Anne GrewCathy-Anne is an Accredited Specialist in Family Law and has a Graduate Diploma of Family Dispute Resolution. She has extensive experience in all aspects of Family Law including parenting and property matters, child support and other financial disputes.

Cathy-Anne is a member of the Panel of Independent Children’s Lawyers and is appointed by the Court to represent children in high conflict disputes.

Cathy-Anne is committed to working with clients to help them understand the legal process and achieve the best outcome for their family. [...]  READ MORE →