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...
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...
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...
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...
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...
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...
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...
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...
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...
In parenting proceedings, the Family Courts may appoint an Independent Children’s Lawyer (or ‘ICL’) to advocate the views expressed by your children and concerns relating to your children’s care, welfare and development and to propose Orders that are in the best interests of your children. Independent...
