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Criticism by Court of Parties’ Motives

Criticism by Court of Parties’ Motives Introductory – The Issues to be Determined On 14 September 2016, I issued judgment in this matter. These…
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De facto relationship found by lower court judge without error

De facto relationship found by lower court judge without error Ms Cuan (“the appellant”) appeals from a decision of Judge Baumann given on 18…
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Power to alter orders without a significant change of circumstance?

Power to alter orders without a significant change of circumstance? Thus, it seems clear that even where the evidence demonstrates a material change since…
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Significant change of circumstances needed to change orders

Significant change of circumstances needed to change orders Relevant Legal Principles These are parenting proceedings which are to be determined by the provisions of Part…
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Non-Functioning Equal-Time Arrangement

Non-Functioning Equal-Time Arrangement If I am to make an order for equal parental responsibility, which I propose to make, I am required by section 65DAA to…
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Additional considerations – in particular the children’s views

Additional considerations – in particular the children’s views The child’s views This consideration is set out in s.60CC(3)(a) as follows: “(a) any views expressed…
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Principles applicable to ex parte recovery applications

Principles applicable to ex part recovery applications It appears clear that the Applicant misled the State Magistrate and the solicitors for the Applicant, at…
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Paralegal Family Law Opportunity – could this be you?

Paralegal Family Law Opportunity Paralegal – Freedom Law Maroochydore are seeking a Family Law Paralegal to join their highly successful team. We are a…
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Parents separating

Parents separating – what happens for children? Children can react very differently to separation or divorce. The way they react depends on a number…
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Guidelines for parents

Guidelines for parents Guidelines: Give yourself, your children and your former partner time to readjust. Try to strike a reasonable balance between time for…
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Court view on parenting arrangements

Court view on parenting arrangements The Court encourages parents to make arrangements that meet the needs of the children and family. The Court encourages…
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Ways you can help your children when you separate

Ways you can help your children When you begin to accept the separation then your children will be able to do the same –…
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Disagreement over children – the effects

Disagreement continuing over children – the effects Children are very sensitive to conflict between their parents. While disagreement is normal in any family, a…
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Effect of separation on children of different ages

Effect of separation on children of different ages Effect on Birth – 2 years age group Children in this age group are highly dependent…
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Withdrawn children – whats going on?

Withdrawn children – whats going on? Withdrawn children do not always communicate with words. Their responses to their parents’ separation may be expressed in…
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Children rights to love and care by and for parents

Childrens rights All children have a need and a right to… ….Love and be loved by both parents. ….Be able to enjoy the love…
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Separation and children

Separation and children Separation or divorce does not normally end your involvement and responsibility as a parent. Children need the continuing affection and support…
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Hardship, delay and prejudice overcome

Hardship, delay and prejudice overcome Newall & Scarrow Hardship I am satisfied that the husband will suffer hardship if leave to extend time is…
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Late inheritance pre-separation included in pool

Late inheritance pre-separation included in pool Meehan & Meehan Contributions The outstanding and overwhelming contribution to the above property pool was from the wife’s…
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Parenting contributions post-separation 25%

Parenting contributions post-separation 25% Oliver & Oliver Contributions after separation It is submitted on behalf of the Wife that whilst the parties’ contributions prior…
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Post-separation asset excluded from division

Post-separation asset excluded from division Oliver & Oliver How Should the Wife’s Superannuation be treated? The Wife has superannuation entitlements with (omitted) Superannuation Fund…
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Week about not in child’s best interests

Week about not in child’s best interests Farrar & Ramsden Week about – Conclusion There is abundant evidence that it would not be in…
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Comparing schools odious and counter-productive

Comparing schools odious and counter-productive Andrews & Emery Accepting that the Court is faced here, as it usually is in interim hearings, with much…
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Family law litigation breeds uncertainty of outcomes

Family law litigation breeds uncertainty of outcomes Andrews & Emery Introduction Once again, the completely over-taxed “public resources” of the Court are being stretched…
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