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Departure from child support assessment

DEPARTURE FROM CHILD SUPPORT ASSESSMENT – LEGAL PRINCIPLES The parents of a child have the primary duty to maintain that child and that duty…
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No discrimination in Criminal Law

No discrimination in Criminal Law Criminal laws that are passed entirely without inclusion of discriminating factors can, through the operation of that law, on…
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Enforcement of child support

ENFORCEMENT OF CHILD SUPPORT FACTS – ENFORCEMENT On 5 September 2017 a child support departure order was made fixing the annual rate of child…
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Trust, mistrust and parental capacities

Trust, mistrust and effect upon expectations as to future parental capacities CONCLUSIONS ABOUT THE MOTHER’S MENTAL HEALTH AND PERSONALITY VULNERABILITIES On the evidence available…
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Appealing – what are the time limits?

Appealing – what are the time limits? Appealing – what to do and when 1. Preparing your appeal You prepare your appeal by completing…
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Appeal – what’s involved?

Appeal – what’s involved? What is an appeal? An appeal is not a rehearing of the original dispute. For your appeal to be successful,…
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The Police conclusion – “very unlikely”

The Police conclusion – “very unlikely” a sexual offence occurred Officer S decided that, because E was, in his view, unable to adequately particularise…
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Unsupervised time an unacceptable risk?

Will unsupervised time with the father expose the children to an unacceptable risk of harm? The mother does not allege that the father has…
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Benefit to the children of a meaningful relationship

The benefit to the children of a meaningful relationship with both parents – a prospective approach The preferred interpretation of ‘benefit to a child…
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Reforms for the Family Law Courts

Reforms for the Family Law Courts Queensland Law Society president Ken Taylor on Wednesday 30 May 2018 said he stood with the Law Council…
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Child support applications of both parents dismissed

Child support applications of both parents dismissed Application for departure – Competing applications for departure from the current child support assessment the father is…
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Meaningful relationship with father causes emotional harm

Meaningful relationship with father would cause risk of emotional harm to children Meaningful relationship Everyone is now in Court. I will order, consistently with…
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Re-interviews of children not in their best interests

Re-interviews of children not in their best interests 15. In this matter, the children have attended a number of examinations with experts and counsellors….
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Drawdowns on mortgage for child support and legal fees added back

Drawdowns on mortgage for child support and legal fees added back Drawdowns The third position however is more disconcerting. Disclosure by the applicant of…
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Costs ordered against mother for witness failure

Costs ordered against mother for witness failure Costs Section 117 of the Act sets out the default position that each party bears their own costs,…
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Relationship with father would not benefit children

Relationship with father would not benefit children Relationship This matter has not been interpreted to mean that there is a presumption that children do…
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Fiercely protective mother makes concessions at trial

Fiercely protective mother makes concessions at trial The history of the litigation would suggest that the mother considers that the father presents as a…
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Disclosures lead to risk findings 

Disclosures lead to risk findings From the period commencing about September 2016 until a disclosure was made, the mother says, under oath on 8…
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Adoption approved for 14 year old girl and step-father

Adoption approved for 14 year old girl and step-father The child B was born in 2004. She is now 14 years of age. Her…
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BRISBANE CASE MANAGEMENT INITIATIVE

BRISBANE CASE MANAGEMENT INITIATIVE Brisbane Federal Circuit Court is conducting a trial of a new way of managing cases in its Brisbane registry from…
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Vacant possession and control of sale given to Wife

Vacant possession and control of sale given to Wife As opined by Watts J in Moroni & Moroni [2014] FamCA 664: The notion of a “level…
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Interim property settlement principles

Interim property settlement principles The principles as to applications for interim property provision are well settled, (Strahan & Strahan [2009] FamCAFC 166) and require a two-step…
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Maternal grandparents application to have a relationship with child fails

Maternal grandparents application to have a relationship with child fails Family Report The Family Reporter recorded a number of concerns expressed by the parents…
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Impecunious litigant fails to avoid a costs order

Impecunious litigant fails to avoid a costs order The application for costs falls to be determined according to the provisions of s 117(2A) of the Family Law…

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