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 moreFamily Law system and the courts
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...
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...
Read moreDeath 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 moreElderly 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...
Read moreBankruptcy Body Unable to Set Aside Binding Financial Agreement
In the case Official Trustee in Bankruptcy & Galanis and Anor (2017) FLC 93-760, the Full Court dismissed an appeal by the Official Trustee in Bankruptcy (“Official Trustee”) against orders made by the Family Court of Australia. The Official Trustee sought to set aside a financial agreement ...
Read moreNew 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...
Read moreFamily 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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“It is imperative that we do not create a narrative where domestic violence is seen as "mutual combat" or "relation… twitter.com/i/web/status/1…
The Law Council has welcomed the announcement of additional Commonwealth funding for legal representation, so that victi…
We are delighted to hear that the Victorian Gender Equality Bill has passed Parliament. What a monumental step towa… twitter.com/i/web/status/1…