In most legal proceedings in the civil jurisdiction, the principle that ‘costs follow the event’ applies – meaning the winning party will have their legal costs paid by the unsuccessful…
In Australian Family Law, the decision by one party to end proceedings is a significant legal step, with implications for all parties involved. More commonly referred to as ‘discontinuance’, the…
Time limits are set by legislation in many legal matters to ensure fairness to both sides of the dispute and to ensure that justice is done in a timely fashion….
One of the common problems facing ex-partners, who approach the Court to decide a property settlement after their relationship has ended, is the expense involved in taking legal action. Even…
In March 2020, the Federal Circuit and Family Court of Australia (FCFCOA) introduced the ‘Priority Property Pools under $500,000’ (PPP500) Pilot – a program funded by the Australian Government designed…
Australia’s Federal Circuit and Family Court of Australia (FCFCOA) is acknowledged as one of the nation’s busiest judicial bodies. For this reason, the careful management of workflow and cases is…
Since February 2023, it has become mandatory in Queensland for certain types of property instruments and documents to be lodged or deposited electronically through an Electronic Lodgement Network Operator (ELNO)….
It is not uncommon for family members to become estranged from one another for many different reasons. A falling out in a family not only takes a terrible emotional toll…
When a family member dies, those who expect to benefit from the deceased’s estate do not always receive what they expect. For various reasons, a person may not get the…
Disclosure is an important part of legal proceedings, requiring each party to the legal action to provide information relevant to the dispute to each other. In family law proceedings disclosure…
In the sad but unfortunately common situation of a family break-up, one parent may wish to change the surname of a child or children from the relationship. There can be…
As the COVID-19 pandemic demonstrated, vaccination can be a fraught and divisive issue in society, particularly when people are compelled to get inoculated by public health laws, but have objections…
In this post we will look at the issues involved in applying for a passport for a child in situations where the parents have separated, for single parents and for…
There can be few more difficult situations than when a relationship breaks down and the parties decide to live in different countries, particularly where there are children involved. Due to…
Under Australia’s Family Law Act 1975, deciding parenting issues, including where the children will live, are governed by the paramount principle of the ‘best interests’ of the child. Primary considerations…
There are a number of reasons why the validity of a person’s Will may be challenged. Some of the most common reasons include: the person making the Will (called a “testator”)…
Many people have the ability to make their own Will and are able to make their own informed decisions about who they would like to gift their assets to upon…
The summer of 2021-2022 has seen much of the east coast of Australia subjected to severe flooding due to extreme downpours, with many places setting new monthly records for rainfall….
The concept of interdependency was introduced into the Superannuation Industry (Supervision) Act 1993 in 2005 as a way to recognise, and allow for the payment of a deceased person’s superannuation…
Appointing an enduring power of attorney (EPOA) is becoming a more important and significant step for a person as the median age of Australia’s population rises and people live longer….
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