Procedural Fairness in the Family Court

According to the Australian Law Reform Commission procedural fairness means acting fairly in administrative decision making. It relates to the fairness of the procedure under which a decision is made, and not the fairness in a substantive sense of that decision. The High Court has confirmed on numer...

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The Rise in Domestic Violence – What is being done?

This year the government’s Australian Institute of Health and Welfare (AIHW) compiled data on the prevalence of domestic violence. It was found that on average one woman every week is killed by a current or former partner. In addition to this the report found that family violence had rapidly g...

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Protection for Domestic Violence Survivors in Family Law

In an effort to restrict self-represented litigants from cross examining their victims of domestic violence, the Federal Government is set to introduce new legislation to abolish the existing practice. The Government is concerned that the current regime which permits cross examination of a victim of...

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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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