With many Victorians re-entering lockdown, the myriad challenges presented by the COVID-19 pandemic have just become much harder. Nicholes Family Lawyers wants you to know that we are here for you at this very difficult time. All our lawyers and support staff continue to work remotely and are in co...
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The Right to Intervene by a Left Behind Parent: Comar & Comar [2020] FamCAFC 99
The recent case of Coma & Coma [2020] FamCAFC 99 (‘Coma & Coma’) considered the issue of whether a Father, who was not party to the initial proceedings, has the right to appeal a decision to refuse to make a return order. On 17 December 2018, the Mother obtained the Father’s consent to...
Read moreConversion of Family Reunification Orders and Care by Secretary Orders according to the Children, Youth and Families Act 2005
Hidden away in the Children, Youth and Families Act 2005 (the Act), being the legislation which binds the operation of the Children’s Courts of Victoria and the Department of Health and Human Services (DHHS), are 2 sections which allow DHHS to unilaterally make decisions without the input of paren...
Read moreProperty Settlements: Assets being held overseas in a divorce or separation
For litigants involved in property proceedings in the Family Court, it can come as a shock to discover that parties may attempt to hide assets overseas with the aim of keeping those assets out of reach of their former partner. The Family Law Act 1975 defines property as, “in relation to the part...
Read more‘It’s a matter of trust’ – Goldsmith & Stinson and Ors [2019] FamCAFC 230 (2 December 2019) Case Note
In Goldsmith & Stinson and Ors [2019] FamCAFC 230, the wife sought declaratory relief pursuant to s78 of the Family Law Act 1975 (Cth) in the context of an overall s79 application, arguing that the trial judge erred by disregarding the courts s78 jurisdiction in determining the matter at first i...
Read moreFamily Violence in a Digital Age
Family violence can be perpetrated online and from an entirely different country and jurisdiction, which presents challenges in protecting individuals. Whilst Intervention Orders are enforceable and binding within Australia, they offer minimal protection in other jurisdictions and therefore fail to ...
Read moreFamily Violence and Family Law in the era of COVID-19 – Managing Partner Sally Nicholes on ABC Mornings with Virginia Trioli
Managing Partner Sally Nicholes featured on Wednesday on ABC Mornings with Virginia Trioli to discuss family violence and family law in the era of COVID-19. This blog will cover some of the issues covered on the show. The recent surge in domestic violence cases has been a devastating and serious by-...
Read moreDivorce during COVID-19 and how Collaborative Practice can assist this process
While the Family Court has been prioritising urgent matters, and often adjourning others, the process of Collaborative Law may be useful for couples undergoing separation or divorce. Collaborative family law draws upon skills that are applied in mediation, whereby lawyers work together to facilitate...
Read moreA Current Affair – Cybersafety for Children and COVID-19
As the nation undergoes social isolation, children are turning increasingly to their devices for entertainment, to connect with friends and for educational purposes. While online mediums can increase connection, they also increase children’s exposure to the potential risk of exploitation. A re...
Read moreChicks Talking Footy: A conversation with Fiona and Bree from Joy 94.9 FM – NFL Podcast Episode 15
Released this week, Episode 15 of the NFL Podcast Campaign features Partner Rebecca Dahl and Managing Partner Sally Nicholes of Nicholes Family Lawyers, speaking with Fiona and Bree from “Chicks Talking Footy” on Joy 94.9 FM. Chicks Talking Footy is an independent radio station which adv...
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Access our free Podcast Network during COVID-19 lockdown to hear from a range of experts on topics including parent… twitter.com/i/web/status/1…
The Courts remain open by conducting trials and other hearings electronically via telephone or Microsoft Teams. How… twitter.com/i/web/status/1…
The Family Court of Australia and the Federal Circuit Court of Australia have clarified that they remain open to as… twitter.com/i/web/status/1…