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CHANGE IS AFOOT… THE FEDERAL CIRCUIT COURT AND FAMILY COURT OF AUSTRALIA (FCFCOA) COMING SOON It’s happening. Following seemingly endless debate, on 1 September 2021, the Commonwealth Law Courts in Brisbane City will look a bit different with the merger of the Federal Circuit and Family Court of Australia (FCFCOA). Changes are afoot for litigants and the profession. In fact, one could argue this is one of the most significant changes in Family Law since…
Last year I wrote about the law surrounding Divorce if a couple has been married for less than two years. What about if a couple marries and then, very soon after, the relationship abruptly ends and they want to annul the marriage? Once again, celebrities have gone down that road. For example, one couple filed for an annulment in California, after four months’, claiming a ‘miscommunication’ as to the nature or purpose of the marriage.…
“But I’m Entitled…”: Equal shared parental responsibility equals Equal Time – Doesn’t it? Written By Kristen Mitchell-Scott We all know that a separation between parties is fraught with emotion, particularly so when children are involved. The next natural step for most people is to want to sort out their parenting arrangements. Regardless of the circumstances surrounding how the separation occurred, you and your ex-partner are likely to start out with the understanding that you will…
Should I or Shouldn’t I? The Importance of a Binding Financial Agreement before Marriage Call it pre-wedded bliss or, going back further, pre-engagement bliss or even, the happier side of Family Law – the moment when you go to your lawyer and tell them you’re going to be married soon or you’re contemplating marriage and you’ve heard of a Pre-Nup. You want to know if it would be worth your while to do one. The…
What do I do when my spouse will not respond to me with my requests to serve them with Divorce Documents? There is no denying that the decision to separate from your spouse is a tough one. The relationship may have been deteriorating for some time and when separation happens, it’s an emotional time. Quite often, the parties have then reached the point where they don’t want to even see their ex again, much less…
COVID-19 List for Parenting Matters: An initiative of the Federal Circuit Court and Family Court to assist during these unprecedented times  Written by Kristen-Mitchell Scott Following an apparent increase in urgent filings for Parenting Matters, since the beginning of the COVID-19 pandemic, Chief Justice Will Alstergren of the Federal Circuit Court and Family Court announced there would be a new COVID-19 List, effective from 29 April 2020. Joint Practice Direction 3 of 2020 – “The…
A 65-year-old woman faces joining her older brother behind bars after they stubbornly refused to obey family court orders in a vicious £9.4 million divorce row. Property tycoon John Hart, 83, was locked up for failing to co-operate with his ex-wife following their split. A judge, describing the case as “ridiculous”, has now imposed a three-month jail term on Mr Hart’s sister Susan Byrne. Judge Stephen Wildblood said Ms Byrne had acted out of “misplaced loyalty”…
The Queensland police officer who leaked the personal details of a domestic violence victim has declined to answer questions about his actions at a tribunal hearing, invoking his privilege against self-incrimination. The tribunal accepts as fact that senior constable Neil Punchard accessed the personal details of a woman, known as Julie, and sent them to her violent former husband. Julie is seeking compensation for breach of privacy in the Queensland civil and administrative tribunal (QCAT).…
Does living together before marriage increase your risk of divorce? This association had been clear in study after study up to around 2007, and then a number of studies and social scientists declared that the association between living together before marriage and difficulties in marriage had disappeared. So which is it? Most experts say that the correlation between the two became better understood in recent years. For example, an important part of the story had…
Homicidal violence within families is a “poorly understood” aspect of domestic violence and is under-reported in Queensland, according to a new report. The Domestic and Family Violence Death Review and Advisory Board’s annual report, tabled in Queensland Parliament late last week, closely examined 20 cases of domestic and family violence deaths involving 30 victims. Since July 2006, nearly 300 people have been murdered in domestic and family violence circumstances, of which 80 per cent…