The case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. (2018) demonstrates that in certain circumstances, a person in Colorado can refuse to provide goods and services to same sex couples on the basis that their religious beliefs oppose same sex marriage. Facts A same-...
Read moreFamily Law system and the courts
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...
Read moreNo parentage for sperm donors: Parsons and Anor & Masson [2018] FamCAFC 115
In the recent case of Parsons and Anor & Masson [2018] FamCAFC 115, the Full Court of the Family Court held that sperm donors are not legal parents of children born via artificial technology using their sperm, regardless of the mother’s relationship status at the time of conception. The judgme...
Read moreProtection 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...
Read moreRe Matthew – Stage 3 Treatment for Gender Dysphoria deemed therapeutic
Following the case of Re Kelvin children with gender dysphoria wishing to commence Stage 2 hormonal treatment no longer require Court authorisation to commence treatment. However, the case of Re Kelvin was largely silent on whether Court approval was still required for Stage 3 treatment for those ...
Read moreALRC 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...
Read moreAlternative 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...
Read moreWhy cryptocurrencies are complicating divorce settlements
Cryptocurrencies are the world’s fastest growing asset class and while many are reaping the benefits of their investments, cryptocurrencies are complicating property settlements in matrimonial disputes. Where people have invested in cryptocurrencies, such as Bitcoin and Ethereum, it can be difficu...
Read moreRe Kelvin decision a positive outcome for transgender children
After much anticipation, the Full Court of the Family Court delivered their judgment in Re Kelvin. The Court held that children with Gender Dysphoria who wish to commence Stage 2 hormonal treatment no longer require court authorisation to commence the treatment. Previously, the parents of transgende...
Read moreTechnology 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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Body-worn camera evidence could ease trauma for domestic violence victims- talks of introduction in Tasmania… twitter.com/i/web/status/1…
Managing Partner @sally_nicholes and Senior Associate Catherine Giles presented this morning at the @LeoCussen Fami… twitter.com/i/web/status/1…
Time to tell @VARTAVic seminar provides tips on how, when & what to say to children, friends & family so that parents…