ALRC Submissions- Share Your Experience

The Australian Law Reform Commission (“ALRC”) is currently calling for submissions from family law professionals and those with experience of the family law system. As such, Nicholes Family Lawyers is currently considering submissions regarding ways of improving the system whilst prioritising th...

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Alternative Dispute Resolution Revamped  

Alternative Dispute Resolution (ADR) is an umbrella term that encompasses all forms of dispute resolution outside of litigation. ADR processes within family law commonly include; mediation, arbitration and collaborative law.  ADR provides for a beneficial pathway for many disputing parties as it ca...

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Technology and Family Law: Friend or Foe?

It is undeniable that technology has irrevocably changed family law in Australia. It has changed the way people enter into relationships, end their relationships and pursue matters through the courts. Technology continues to evolve and change the way we gather and present evidence following the brea...

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Death no protection from property settlement

Facts In the recent decision of Whooten & Frost (Deceased) [2017] FamCA 975, Justice Cronin explored the power of the Family Court to make orders following the death of a party to proceedings. The Wife (Whooten) and Husband (Frost) had married in 2003 and divorced in June 2015. Between the time ...

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Elderly couples and family law

An issue facing many elderly couples is when they become involuntarily separated from each other because of their declining physical or mental health.  This is most common when one spouse is moved to a nursing or aged care facility and out of the marital home. It is useful for family members of eld...

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New Court Appointments

Attorney-General George Brandis last week named Federal Circuit Court Chief Judge John Pascoe as the new Chief Justice of the Family Court, replacing the retiring Chief Justice Diana Bryant. William Alstergren QC, current President of the Australian Bar Association, has been appointed Chief Judge of...

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Family Law System to be reviewed

The Federal Government has announced that the Australian Law Reform Commission will undertake the most comprehensive review of the Family Law System since 1976. While there is some disagreement between the Opposition and Government in relation to some aspects of the review, it is expected that there...

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