Family Court

06 Apr Making the best of a pig’s ear

Posted at 16:03h in Children's Issues, Court Orders, Family Court, Family Solicitors, Property and Financial Matters by Merridy Elphick Lawyers

In the current climate of job uncertainty and the pressures placed on families due to the combined impact of the economy and the COVID-19 crisis, most people, if they do decide to separate, want to do so quickly and amicably. It is hoped that once there...

11 Dec Family Violence, Separation and Children.

Posted at 15:40h in Domestic Violence, Family Court, Separation, Uncategorized by Merridy Elphick Lawyers

The Family Law Act recognises ‘family violence’ as being any “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or cause the family member to be fearful[1].” At Merridy Elphick Lawyers, we understand that the period initially...

26 Nov Valuations in Property Settlement Matters

Posted at 13:55h in Court Orders, Court Representation, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

The Family Law Act 1975 determines how to divide property following the breakdown of a relationship. An important step in this process is to identify and value the assets that form the property pool. Property or business valuations will help establish both the value of...

19 Sep Can you say anything in your affidavit?

Posted at 16:49h in Court Orders, Family Court, Family Law by Merridy Elphick Lawyers

When you commence proceedings in the Family Courts you are often required to file an affidavit. An affidavit is a written statement of facts that is used to present your case and sets out your evidence to the Court. Your affidavit must only state facts which are...

06 Sep Judging a book by it’s cover. What makes someone an ‘expert’ and why is it important?

Posted at 11:24h in Divorce, Family Court, Family Law, Property and Financial Matters, Separation by Merridy Elphick Lawyers

One of the first steps in a property settlement is to identify and value the assets of the marriage or relationship. The valuation of a particular asset may be required if an agreed value cannot be reached, or if the asset is complex or unusual...

23 Aug Does a sex change nullify a marriage?

Posted at 13:00h in Divorce, Family Court, Same-sex by Merridy Elphick Lawyers

In December of 2018 Justice Austin of the Family Court refused an application to nullify a marriage. The marriage occurred between two individuals, one of whom at the time of marriage identified as a female the other identified as a male. Neither of the spouses...

09 Aug Hey kids we need to chat!

Posted at 14:19h in Child Support, Children's Issues, Family Court, Family Law, Merridy Elphick, Newcastle, Separation by Merridy Elphick Lawyers

When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...

02 Aug Surveillance or Stalking – When can you use that recording in parenting matters?

Posted at 10:50h in Children's Issues, Court Representation, Family Court, Family Lawyers, Sacha Mastras by Merridy Elphick Lawyers

Under the Surveillance Devices Act 2007 (NSW) recording a private conversation without consent is ordinarily illegal in NSW. However, in Family Court matters the Court has discretion to permit evidence by way of recordings in some circumstances. In the case of Shelbourne & Shelbourne [2017] FamCA...

27 May What do the kids want?

Posted at 13:47h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Orders, Court Representation, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Sacha Mastras, Sarah Goldfinch, Separation by Merridy Elphick Lawyers

The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...

15 Apr When does a sperm donor go from being a ‘donor’ to ‘dad’? Continued…

Posted at 13:16h in Alternative Dispute Resolution, Child Custody, Child Support, Children's Issues, Consent Orders, Court Representation, Defacto Law, Family Court, Family Law, Family Law Lawyer, Family Lawyers, Family Matters, Family Solicitors, Newcastle, Property and Financial Matters, Relationship Law, Sacha Mastras, Same-sex, surrogacy by Merridy Elphick Lawyers

The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...