Legal professional privilege is a fundamental right of a client that protects the disclosure of certain communication between a client and their lawyer when the communication is for the dominant purpose of seeking or providing legal advice or for use in legal proceedings. The purpose of legal profes...
Read moreFamily Law system and the courts
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...
Read moreWhy same sex couples can be denied Wedding Cakes in Colorado but not in Australia
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 moreThe 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...
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“When we’re talking about access to justice we need to look at reducing cost not shifting cost” - Emma Heggie
“A recent case questioned WHEN a document is taken to be filed when it is done online. At first instance the court… twitter.com/i/web/status/1…
“Technology is changing the landscape of parenting... tracking devices are being put on young children when they ma… twitter.com/i/web/status/1…