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...
Read moreMonth: January 2018
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 ...
Read moreMultilingual Speakers at Nicholes Family Lawyers
We are delighted to welcome Associate lawyer Natasha Mastroianni to the Nicholes Family Law team. Natasha joins Nicholes Family Lawyers after working at a generalist law firm in the Northern Suburbs practicing in family law, property law, wills and estates. Having practical experience ...
Read moreCaveats Basics – A Presentation by Mark McKilliop of Counsel
On 6 December 2017 Mark McKillop, a barrister retained by us from the Commercial Bar from in relation to security and enforcement aspects of family law proceedings, gave a CPD presentation on the basics of caveats. Mark prepared a paper to speak to as part of the presentation which is availab...
Read moreProposed Reforms to the Family Law, the first in 40 years.
The adversarial nature of Family Law proceedings concerns many family law practitioners. Such practitioners consider that reforms are long overdue. They believe that more emphasis should be placed on mediation and other forms of dispute resolution rather than on litigation, which often leaves pa...
Read moreSame Sex Marriage
On Wednesday 15 November 2017, the result of the historic vote offered to all Australians regarding whether same-sex couples should be able to marry in the same way as heterosexual couples was announced. 61.6 % of Australians voted in the affirmative. Under new legislation, the Marriage Act 1961 w...
Read moreAnti-suit Injunctions
In Underwood & Underwood (2017) FLC 93-815, the wife sought leave to appeal against the order made by the primary judge granting an interim injunction enjoining her from continuing to seek any orders in proceedings commenced by her in the United States of America (“USA”). The parties...
Read moreVideo recordings as evidence in parenting proceedings – are they admissible?
The evidentiary use of video recordings which have been taken by one party of the other in parenting proceedings is an issue which family lawyers are faced with time and time again. But are they admissible? The case of Shelbourne & Shelbourne [2017] FamCA 761 considered this issue and found th...
Read moreThe Equality Project’s Better Together Conference 2018
Nicholes Family Lawyers was a proud sponsor of the Better Together Conference 2018. The two-day national conference was held at the Melbourne Town Hall from 12 January to 13 January 2018. The conference aimed to create a “truly intersectional discussion about achieving meaningful social change to ...
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Podcast update: “Busting common separation and divorce myths” is the focus of a podcast with @nicholes_law Partner… twitter.com/i/web/status/1…
It’s always great listening to the @JOY949 Drive team. Today @nicholes_law Partner @becfamilylawyer discussed Jury… twitter.com/i/web/status/1…
It’s Drive time on @JOY949 and at 4.40pm @nicholes_law Partner @becfamilylawyer will be discussing Jury Duty – how… twitter.com/i/web/status/1…