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How is a parent defined under the Family Law Act? This questions was posed to the Family Court In the recent case of Groths & Banks [2013]


Thursday, 18 July 2013

In recent case of Groth & Banks [2013] FamCA 430, the Family Court was asked to clarify the definition of a parent under the Family Law Act (Cth) after a child was conceived by assisted reproductive technology (“IVF”). Here the Applicant was the person who supplied his genetic material and sought parenting Orders from the Court after the Mother denied his attempts to partake in parenting the child.

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Affidavits and Interim Hearings - Part 3


Tuesday, 9 July 2013

Drafting helpful Affidavits

The result in Chapa [2012] FMCAfam 1420 (18 December 2012) (see Part 1 of this Article) may have been very different if the father had provided one coherent and comprehensive affidavit by himself, setting out the facts and supporting evidence for his own case, and facts which provided evidence and support for his denials of the mother’s vast and vague allegations of family violence against him.

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When is your date your de facto, and your property at risk?


Wednesday, 3 July 2013

While family law has yet to kill off romance, Australians are becoming increasingly conscious that relationships can fail and their property can be claimed by a de facto partner.

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Public, Private or indeed Home – Judges are often required to intervene in schooling decisions for children when parents simply cannot agree

Monday, 1 July 2013

In the recent case of Bates & Churchill [2012] FMCAfam 1495 the issue of whether a child should be home schooled or schooled through the public system was decided.

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The Rio Tinto Ride to Conquer Cancer


Thursday, 27 June 2013

Your 2013 Donations are Tax-Deductible

The Rio Tinto Ride to Conquer Cancer® benefiting the Queensland Institute of Medical Research is just a few months away so I am hoping you can support Andrew's journey by giving him a donation today.

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Corporate Ladies Lunch - Little Truffle Dining Room & Bar


Wednesday, 26 June 2013

Ladies Lunch next Friday!  There are only a limited number of seats available at this wonderful venue so please purchase your tickets to avoid disappointment.

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Changes to Costs in Federal Circuit Court


Wednesday, 26 June 2013

Legislation is amended frequently by the legislature arm of Government.

Keeping abreast of these changes for practitioners is challenging given the frequency.

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Inheritances- are they in or out of the Pool?


Tuesday, 25 June 2013

The question that many Family Lawyers are commonly asked by their client’s is in regards to inheritances received during the marriage or de-facto relationship, particularly, “How is the inheritance treated? Is it quarantined from the pool?” The answer quite simply will depend on the duration of the marriage, the size of the inheritance, and the timing of the inheritance received.

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Don’t Get “Court” Out


Monday, 17 June 2013

Common questions answered for your upcoming court event

During your family law matter, negotiations with the other side may be unsuccessful, urgent or impossible and you might find yourself attending court.

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Unhelpful Affidavits and Interim Hearings - Part 2


Friday, 14 June 2013

Drafting Affidavits for supervised time

In Chapa [2012] FMCAfam 1420 (18 December 2012), (see Part 1 of this Article) the mother may have succeeded in her application for the children to only spendsupervised time with the father, if she had filed supporting affidavits from the proposed supervisors.

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Illegally Recorded Conversations as Evidence in Family Law Proceedings - the Story of a Police Officer who Should Have Known Better


Friday, 7 June 2013

The recent matter of Badger & Badger & Ors [2013] FMCAfam 1244 (14 February 2013) considered whether an illegally taped telephone conversation by an off duty police officer could be used as evidence in the family law property proceedings.

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Financial Support for your Children


Tuesday, 28 May 2013

Many clients who have separated from their partners and who have children often want to know what is the best way to formalise the ongoing financial commitment to their child(ren).  For some men the first knowledge they have that they are (or could be) a Father can be a letter from Legal Aid Queensland or the Child Support Agency.

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An overview of the Family Violence Amendments on its First Birthday


Friday, 24 May 2013

On 7 June 2012, significant changes were made to the Family Law Act with respects to definitions of family violence. The changes have now been in place for a little under one year, with the amendments providing a greater understanding to parents as to what behaviour is unacceptable in the eyes of the Family Law Courts and otherwise what constitutes family violence in a relationship.

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Unhelpful Affidavits and Interim Hearings - Part 1


Tuesday, 21 May 2013

At an interim hearing for urgent parenting orders, the importance of being able to rely upon one comprehensive and coherent affidavit by the party being represented can mean the difference between success and failure.

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Prenuptial / Binding Financial Agreements


Tuesday, 12 February 2013

News.com.au ran an article on 19 January 2013 titled "Mining's new rich seek prenups to protect assets".

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Realistic, Sensible & Practical Advice - What More Could You Hope for in a Family Lawyer?

Tuesday, 4 February 2013

The team at Wiltshire Lawyers pride ourselves on being realists and providing our clients with the honest truth. Whilst the famous movie quote provides "Truth, you can't handle the truth!", we are not in the business of leading our clients "up the garden path".

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Family Law Litigation – is it really a level playing field?


Monday, 12 November 2012

The above is an interesting question to answer.

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Parental Responsibility – Child with Special Needs


Thursday, 8 November 2012

Parental Responsibility – Extended Definition

In determining the scope of Parental Responsibly for a child with special needs, parents have additional significant responsibilities to consider.

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Wiltshire Lawyers Mini Golf Invitational & Cocktail Party


Monday, 15 October 2012

Join us at Parkwood International for our mini golf charity event on Friday, 2 November 2012!  All funds raised will be going to the Gold Coast Hospital Foundation Children’s Ward.

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Can the Court make Orders relating to an unborn child?


Wednesday, 3 October 2012

In the recent case of Talbot & Norman [2012] FamCA 96 Justice Murphy stated that the Court had no jurisdiction to make the orders sought by the Applicant and that there was, in any event, no evidence justifying the making of any such order.

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Parentage: A Matter of Science Not Law


Thursday, 20 September 2012

Pursuant to section 69W of the Family Law Act 1975, a person believed likely to be the father of a child may be required to undergo an approved parentage DNA testing procedure to be carried out by a certified testing agency.

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Ink-on-the-Tuxedo Agreement Held to be Binding


Friday, 14 September 2012

The writer has previously discussed the findings of Justice Murphy in the matter of Hoult in a previous article (Why the Long Face about Binding Financial Agreements?).

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The Italian Sisters “Still Call Australia Home” Temporarily - Update


Wednesday, 5 September 2012

Earlier this year, I wrote about the unanimous decision of the Full Court to dismiss an appeal made by an Australia mother that she be ordered to return her four daughters to Italy, pursuant to Australia’s obligations as a signatory to the Hague Convention.

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Family Law & Social Media - A few handy hints


Tuesday, 4 September 2012

In recent weeks, we have heard a lot about "cyber trolls" and the negative and abusive comments targeting users of social media sites such as twitter and facebook.  It seemed timely to now provide some comment on how social media can play a part in family law matters.

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Domestic Violence Protection Orders: The 2012 Reforms


Tuesday, 28 August 2012

The Domestic and Family Violence Protection Act (Qld) 2012 was assented to on 17 February 2012 and commences on 17 September 2012.

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Latest Wiltshire News

How is a parent defined under the Family Law Act? This questions was posed to the Family Court In the recent case of Groths & Banks [2013]


Thursday, 18 July 2013

In recent case of Groth & Banks [2013] FamCA 430, the Family Court was asked to clarify the definition of a parent under the Family Law Act (Cth) after a child was conceived by assisted reproductive technology (“IVF”). Here the Applicant was the person who supplied his genetic material and sought parenting Orders from the Court after the Mother denied his attempts to partake in parenting the child.

Readmore
Affidavits and Interim Hearings - Part 3


Tuesday, 9 July 2013

Drafting helpful Affidavits

The result in Chapa [2012] FMCAfam 1420 (18 December 2012) (see Part 1 of this Article) may have been very different if the father had provided one coherent and comprehensive affidavit by himself, setting out the facts and supporting evidence for his own case, and facts which provided evidence and support for his denials of the mother’s vast and vague allegations of family violence against him.

Readmore