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Wiltshire News Archive

"Do all such acts and things to draft enforceable orders"

Wednesday, 30 November 2011

The phrase “Do all such acts and things and sign all necessary documents” is not simply superfluous legal jargon that Lawyers use to fill Court documents with.

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Charity Golf Day Invite - Bravehearts


Tuesday, 15 November 2011

Wiltshire Lawyers / Finlife Advisors would like to formally invite you to support our fourth Invitational Charity Golf Day at Lakelands Golf Club on Friday, 16 December 2011 to raise much needed funds for Bravehearts.

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Corporate Ladies Lunch


Tuesday, 8 November 2011

It is that time of year again when the Corporate Ladies of the Gold Coast get together for a good cause!

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Child Support


Monday, 7 November 2011

In a recent case of Levine & Levine [2011] FMCAfam 821 (22 August 2011) various issues relating to child support were discussed.

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Fishing Expeditions


Wednesday, 2 November 2011

As I have referred in a previous article, there is a concept in Family Law, where disclosure and the issue of Subpoenas are concerned, of “fishing”.

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Surrogacy Laws in Queensland


Tuesday, 11 October 2011

With many couples in Queensland struggling to conceive a child, people often find themselves considering other options to start a family.

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Restraining a Lawyer from Acting Against You


Thursday, 6 October 2011

Providing instructions to your lawyer can often be an anxious and emotional experience for clients.

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Breach of Parenting Order Can Lead to a Term of Imprisonment


Tuesday, 4 October 2011

We are often consulted about whether breaching Parenting Orders can lead to a Term of Imprisonment.

This question recently came before the Family Court of Australia in the case of Rossi & Commissioner of Police [2011] FamCAFC 162.

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The Risks Associated with Inaction in Proceedings

Tuesday, 27 September 2011

On 22 July 2011, the Full Court of the Family Court of Australia consisting of Justices Finn, Strickland and Ainslie-Wallace, handed down their decision in the matter of Chin & S Law Firm (No.2) having determined a costs argument, following an appeal being stuck out for want of prosecution.

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Hague Convention - Child Abduction


Tuesday, 20 September 2011

In a recent case of “Director-General, Department of Communities (child safety services) & Hardwick [2011] FamCA 553” an Application was filed for final orders that the child P be returned to the United Kingdom pursuant to the provisions of the Family Law (Child Abduction Convention) Regulations 1986.

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Recent Amendments to the Family Law Act 1975 in relation to Parenting Orders


Friday, 9 September 2011

In December 2010 the Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Act 2010 came into effect.

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Relocating with a Newborn Child

Wednesday, 31 August 2011

The Family Law Courts have power to prevent or allow a custodial parent to unilaterally relocate with the children of a relationship, from the town or district in which they have been living.

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Lottery Winnings - 'mine' or 'ours'


Tuesday, 23 August 2011

The recently decided case of Kneen & Crockford [2011] FMCAfam 372 found, ultimately, that a lottery win by one party to a relationship constituted an equal contribution by both parties to their final property pool available for division at the conclusion of their relationship.

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Collaborative Law – The Respectful Divorce Process


Monday, 22 August 2011

“Collaborative practice is a facilitative approach to resolving disputes, where the parties, their lawyers and other experts, sign an agreement to focus on Negotiation and settlement rather than litigation.”
[1]

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Inaugural Ladies Lunch


Wednesday, 17 August 2011

For years on the Gold Coast, the invite only Lad’s Lunch has been a massive success with Corporate Lad’s raising over $50,000 towards local charities.

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Was a 17 year Affair a De Facto Relationship?


Monday, 8 August 2011

This question appeared before the Court in the recent case of Jonah & White [2011] FamCA 221 on 4 April 2011.

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To Split or Not to Split - That is the Question

Tuesday, 2 August 2011

The Positives and Negatives of Superannuation Splitting

In the current economic climate, it is becoming more prevalent for property settlements to include a “split” of one party’s superannuation.

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Special Medical Procedures - Children


Tuesday, 26 July 2011

Jamie (Special Medical Procedure)[2011] FamCA 248 (6 April 2011)

This is a recent case where a boy aged 10 years and 10 months had been diagnosed by medical experts with gender identity disorder.

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Mr and Mrs Full and Frank Disclosure - The Fine Art of Disclosure


Tuesday, 5 July 2011

Some parties consider it appropriate, and somewhat strategic, to participate in Family Law proceedings in the absence of full and frank disclosure.

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How Can I Pay My Legal Fees?


Tuesday, 28 June 2011

Interim Costs Order

Family Law cases are often different to civil cases in that normally the wealth of the parties is controlled by one party rather than both of them.

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De Facto Relationship or Not?


Monday, 27 June 2011

Media, friends and family tend to get confused when discussing what constitutes a “de facto” relationship.

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Pre-Nuptial Agreements - Are they Binding?


Friday, 10 June 2011

The question of the enforceability of a pre-nuptial agreement again came before the Family Court of Australia in a recent decision, in the case of Wallace & Stelzer [2011] FamCA 54 (31 January 2011).

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Are You Entitled to Receive, or Liable to Pay, Spousal Maintenance


Friday, 3 June 2011

The Family Law Act (The Act) provides that where one spouse can establish that they cannot, by their own means, support themselves to a reasonable standard of living, and that their former spouse has the capacity to support the first spouse, they should bear the responsibility of doing so (See sections 72 – 75 of the Family Law Act 1975).

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Grandparents' Rights to Spend Time with Children


Tuesday, 31 May 2011

In 2000 the Family Law Act was amended to allow grandparents to make an Application to the Court to be able to spend time with their grandchildren.

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When should a Judge Recuse ? (Disqualify oneself from being a Judge in a matter) ?


Thursday, 26 May 2011

APPREHENDED BIAS PRINCIPLE

On 15 March 2011 the Family Court of Australia delivered judgement allowing an Appeal in the matter of Murray & Tomas and Anor (2011) FamCAFC 81. The question before the Court was whether the trial judge erred in refusing to recuse (disqualify oneself as a judge) himself from further hearing of the proceedings between the parties.

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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.

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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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