Christmas holidays and the jolly season is soon upon us. For our Family Law Team at Adams & Partners Lawyers, this is a time where clients are seeking to resolve their parenting arrangements for Christmas Eve, Christmas Day, Boxing Day and the Christmas holidays (including New Year’s Eve). This is a special time for all …
In September 2021, a new National Contravention List was established to deal with contravention applications filed in the Federal Circuit and Family Court of Australia. Contraventions of orders affecting children are covered by Division 13A of Part VII of the Family Law Act 1975. Contraventions of orders not affecting children, such as property orders, are …
The National Contravention List – Family Law matters Read More »
TYPES OF BINDING FINANCIAL AGREEMENTS (BFAs) Under the Family Law Act 1975 (Cth) (Family Law Act), Binding Financial Agreements (BFA) are divided into several categories – those relating to marriages and those relating to de facto relationships. Marriage Section 90B: Part VIIIA agreement – before marriage; Section 90C: Part VIIIA agreement – during marriage; Section …
The impact of COVID-19 and the restrictions imposed on people by the Federal and State Governments has had an impact on how the Family Law System operates. Operation of Family Court and Federal Circuit Courts The Family Court and Federal Circuit Court continue to operate and conduct business. All Court attendances, unless otherwise notified by …
Transfer duty is payable on property transactions in NSW. It is administered by Revenue NSW. Transfer duty is payable when you buy: Property Investment property Vacant land or farming property Commercial or industrial property; or A business, including land This is relevant in a family law property settlement, when one party seeks to retain the …
Transfer Duty (formerly Stamp Duty) Exemptions and Family Law Read More »
What is it? On 17 September 2019, Prime Minister Scott Morrison announced the Government will undertake a Joint Parliamentary Committee of both the House of Representatives and the Senate to conduct a wide-ranging inquiry into the Family Law system. The Inquiry will look at whether the current system, which is intended to support parents and …
The Family Law Inquiry: What is it and why should you care? Read More »
The ALRC commenced an inquiry into the Family Law system on 27 September 2017. The Final Report was delivered on 31 March 2019. The primary recommendations of the ALRC were: 1. Closing the Jurisdictional Gap. The most significant recommendation is to abolish the Federal Family Courts, being the Family Court of Australia and family law …
Australian Law Reform Commission (ALRC) – Recommendations for Family Law System Read More »
The Family Law Act was recently changed. These changes were to ban personal cross-examination in family law proceedings involving allegations of family violence. This new legislation only applies in specific circumstances from 10 September 2019 (6 months after the commencement of the amendments). The Court is also now required to use other protections for victims …
Ban on Cross Examination in Family Law Domestic Violence cases Read More »
Have you recently separated and are going through property settlement? Do you have real estate?
Changes have been made by the Federal Government to change the name of the Federal Magistrates Court of Australia to the Federal Circuit Court of Australia. The Federal Magistrates of the Federal Magistrates Court of Australia will also become Judges of the Federal Circuit Court of Australia. It is anticipated that the structure of the …
Changes to the Federal Magistrates Court of Australia Read More »
