No Comments

When Can You Commission Your Own Expert Report – Family Law Lawyers Know How

In circumstances where there is an issue that is contested in family law proceedings, parties may look to obtaining a single expert report from an expert who is instructed by both parties’ family law lawyers to provide evidence on the issue. Common examples of an expert report include a valuation report to determine the value of the family home or one party’s business.

In the recent Family Court case of Rigby & Kingston (No. 2) [2020] FamCA 467, one of the issues in contention was whether the Husband was underpaid for his work when he was employed as a contractor. The Wife’s family law lawyers had directly invited the Husband on three separate occasions to engage a jointly appointed expert. The Husband did not agree to the Wife’s propositions. In that event, the Wife’s family law lawyers had commissioned their own report with instructions solely from the Wife to provide evidence on whether the Husband was being underpaid. [...]  READ MORE →

11
No Comments

Family Court Finds A Way to Get out of Binding Child Support Agreement during Covid-19

In the recent case of Martyn & Martyn [2020] FamCA 526 the Family Court considered a matter where the parents had entered into a binding child support agreement in 2012 which the father’s child support lawyers sought to set aside due to Covid-19.

The 2012 Agreement involved the father paying the mother a sum of $1,350 per month with a 2% increase each year.

The father currently owns and operates a business which supplies products to international businesses. Due to cross-border restrictions and social distancing measures, the father’s company was significantly impacted and he claimed that the business activity dropped by 90%. The father’s child support lawyers argued that as a result, his financial circumstances had been significantly worsened due to the limitations on international commerce during the Covid-19 pandemic. [...]  READ MORE →

No Comments

When will the Court appoint a lawyer (an ICL) to represent the interests of your children?

In complex parenting matters the before the Court the divorce lawyer may ask the Court to appoint an ICL. The Court itself may decide to appoint an ICL- that is a lawyer for your child or children.

A family Law case decided by the Court in 1994 is often relied upon by both the Court and the divorce lawyer to assist in determining when an ICL should be appointed.

This 1994 case known as Re K was a decision of the Full Court of the Family Court.

Re K suggested that where one or more of the following factors apply to the case, the Court should consider the appointment of an ICL: [...]  READ MORE →

No Comments

What are the other options to address delays in the Family and Federal Circuit Court?

The Family Law Act provides that a property dispute of the parties can be referred to Arbitration for determination on a final basis.

A divorce lawyer will advise that arbitration is the process whereby the parties agree that a Family Court or Federal Circuit Judge will not hear the financial dispute but that it will be determined by an appointed and qualified Arbitrator.

A divorce lawyer can give suggestions as to an arbitrator who would be specially qualified and accredited. Arbitrators are usually lawyers or Barristers who have had significant experience in the Family Law field. [...]  READ MORE →

No Comments

Introduction by the Court of the Discrete Property List

A further option introduced by the Federal Circuit Court to alleviate Court delays is the discrete property list.  A divorce lawyer can advise you about this option.

Cases in the discrete property list are managed by a Registrar rather than the case having multiple preliminary listings before the Judge. A divorce lawyer appears before the Registrar to seek Orders to ensure that the issues in dispute can be quickly defined and disputes about the provision of disclosure documents and valuations can be quickly solved. [...]  READ MORE →

No Comments

Court introduces new initiatives to help alleviate the significant delays in the Court

A divorce lawyer will advise you that the Court delays in hearing and finalising your property application under the Family Law Act have in some registries became even longer. It is for this reason that the divorce lawyer tries to encourage their client to consider mediation either privately or through the Court.

The Court itself is also considering options to help reduce the back log of cases.  A divorce lawyer will provide information about the PPP Program currently being tried out in some registries including at the Parramatta Federal Circuit Court. [...]  READ MORE →

No Comments

Changing Existing Parenting Orders

Once final parenting orders are made in family law proceedings, they can only be changed with the assistance of your child custody lawyer in specific circumstances, including:

  1. where the parties agree to a change, or
  2. where a party can show that there has been a significant change of circumstances that makes a change necessary.

The Court will generally not “reopen” parenting proceedings that have been finalised to change parenting orders, unless there is a good reason for doing so and it is in the child or children’s best interest.   Continuing litigation about parenting matters is generally not considered to be in the best interest of the children, or the parties. [...]  READ MORE →

No Comments

Question of Paternity – How Child Support Lawyers Can Help

When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the term parent also includes adoptive parents, where the child has been born as a result of artificial conception procedures, or if the child was born as a result of a surrogacy. [...]  READ MORE →

No Comments

Divorce Lawyer Explains Foreign Divorces

Do foreign divorces amount to divorces orders under Australian law? A divorce lawyer examines the leading case on this issue: Anderson v McIntosh [2013] FamCAFC 200.

Section 44(3) of the Family Law Act provides that leave from the court is required to institute property proceedings if the proceedings are brought 12 months after a divorce order comes into effect.

However, in Anderson v McIntosh Murphy J made an order to the effect that a divorce lawyer does not require leave under s 44(3)  to commence property proceedings where that divorce was granted overseas. [...]  READ MORE →

No Comments

Property Settlement Agreement – A Four Step Process

A property settlement is a process which involves the division of assets between parties.

If you have separated with your partner you may be left wondering what your rights to the assets might be. You might be questioning what is involved and how our lawyers can assist you to reach a property settlement agreement.

Here at Matthews Folbigg Lawyers, the usual process to get your Property Settlement started is to meet with one of our lawyers who will work through 4 important steps with you.

Step 1: Work out the “Net Assets”

Working out the “net assets” involves listing the parties’ assets, liabilities, superannuation and financial resources to reach a net equity which we call “the asset pool”. [...]  READ MORE →

No Comments

Family Inheritance: Can your Separation Lawyer Help?

A common question asked of a separation lawyer is whether inheritance is included in a family property settlement. The Full Court of the Family Court in Bonnici & Bonnici held that property does not fall into a “protected category” merely because it is an inheritance.

How the Court determines whether an inheritance can form part of a family property settlement depends on when the assets were inherited and the impact of the inheritance on the available property pool.

Impact on Asset Pool

In the case of Bonnici & Bonnici, the Full Court of the Family Court held that if there are ample funds already in the property pool for a settlement, the inheritance would normally be treated as the entitlement of the receiving party. However, if the inheritance is the only asset of the relationship and one party performs a more substantial homemaker role to their financial detriment, it is open to the court to include inheritance in the property settlement. [...]  READ MORE →

No Comments

What Happens if I Breach My Parenting Orders?

Once the Family Court has made parenting Orders either at hearing or by consent, each party must comply with those orders. If one party has departed from those Orders there may be serious consequences for such breach. You should seek legal advice from a divorce lawyer if you or your ex-partner believe there has been a breach of the orders.

If you are unable to resolve the breach, one option forward is a Contravention Application. Your divorce lawyer may file a contravention application in the Family or Federal Circuit Court when one party alleges the other has breached their parenting orders. Contravention proceedings are generally confined to very clear cases. Your divorce lawyer will need to set out that the other party: [...]  READ MORE →