Whilst conduct is not generally relevant to property law settlements within family law, in certain instances, serious violent conduct may be viewed as impacting upon a party’s ability to contribute to the relationship or otherwise make contributions more arduous than they ought to have been. T...
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Access to Justice and the Online World
On Thursday 21 March 2019 Nicholes Family Lawyers, in conjunction with Victoria Women Lawyers hosted a seminar discussing the impact of online world on ‘justice’. The seminar explored the various ways in which the emergence of technology and the online world has impacted on individuals’ abilit...
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 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 moreTurning Tables: The Child’s Duty of Care to Parents
In February 2018 Attorney-General Christian Porter announced that elder abuse was a top personal priority for him. A national plan will be developed to stop physical, emotional and financial abuse of elderly Australians, especially those living in care. Australian case law such as Stanford v Stanfor...
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 moreImportant Step Forward With National IVO Recognition
A National initiative to tackle Family Violence Family Violence Intervention Orders (IVOs) are used to protect people from Family Violence. An IVO is made in favour of the Affected Family Member / Protected Person (“AFM”) and is made against the Respondent. IVOs can contain various conditions, i...
Read moreFamily Violence and the LGBTI Community
The Family Violence Protection Act 2008 (Vic) (“the Act”) defines ‘family violence’ as behaviour by a person towards a family member of that person that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening or coercive, or in any other w...
Read moreCOMPASS: Finding a future for young people leaving care
If a young person is unable to return to the care of their family due to concerns for family conflict, lack of suitable support options, or significant risk of harm in the family home, the Department of Health and Human Services looks to out-of-home care services to manage their care needs on a day ...
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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"Are we at the United Nations ready to take our own advice?” On #ParentsDay, our Goodwill Ambassador Anne Hathaway calls on t…
During COVI19 this new inquiry into domestic violence will make a significant impact @dvvic @OurWatchAus twitter.com/sally_nicholes…
In Goldsmith & Stinson and Ors, the Full Court affirmed that when considering a s79 Application, regard should be h… twitter.com/i/web/status/1…