Many factors are taken into consideration when making orders for property division, but can a history of domestic violence towards your partner or children impact the final outcome? The answer to this, as exhibited recently in the case of Adair & Adair [2019], was deemed to be yes, and although ...
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Can Video and Audio Recordings be Adduced as Evidence in Family Law Proceedings?
Parenting proceedings under the Family Law Act often involve high levels of acrimony between the parties involved. As children are increasingly equipped with smart devices and recording devices, it is unsurprising that often parties seek to adduce evidence obtained privately, without the consent of ...
Read moreCunningham v Cunningham: When Income is Affected by Property Orders
When making orders for property division in family law disputes, the Court looks, among other things, at the future needs of the parties, including their respective income earning capacities (Family Law Act s 75(2)(b)). But what happens when earning capacity is affected by the would-be property orde...
Read moreTattslotto Winnings in Family Law – Are You Out of Luck?
Recently in the United States, an arbitrator ruled that both parties were entitled to Tattslotto winnings despite the ticket being purchased by the husband after the parties separated. Mr Zelasko purchased the winning ticket in 2013 which ultimately led to a jackpot of $30 million. Unfortunately for...
Read moreAre Sperm Donors Parents? : Masson v Parsons & Ors [2019] HCA 21
The High Court today ruled that in certain circumstances sperm donors may be recognised as the legal parents of children born of their genetic material via artificial reproductive technology. These circumstances are where the Mother is not in a married or de facto relationship at the time of the chi...
Read moreRECENT CASE: Worth & Worth and Anor [2019] FamCAFC 40
In the recent case of Worth & Worth and Anor, the Full Court of the Family Court was asked to consider an appeal against a Trial decision made by Forrest J at first instance. The Father appealed against Orders which provided that the Mother have sole parental responsibility for the couple’s tw...
Read moreLaunching Better Together 2020 at Nicholes Family Lawyers
Nicholes Family Lawyers were delighted to host the Equality Project’s launch of Better Together 2020 on 4 June 2019! The Equality Project is an organisation that promotes LGBTIQ+ advocacy, helping the community to speak with a common voice through their national conferences and training academies....
Read moreRECENT CASE: Teke & Cegair [2019] FamCA 114
Often a contested issue for separated parties is whether their child’s surname should be changed following the breakdown of a relationship. The recent case of Teke & Cegair [2019] FamCA 114 considered the issue of changing a child’s name in circumstances where the father had been absent from...
Read moreLunchtime Fundraising for WIRE’s AMICA Program
Nicholes Family Lawyers is proud to partner with WIRE, an information and referral service which provides Victorian women with free and confidential support, information and referrals. In the lead up to the end of financial year, WIRE is running a grassroots fund-raising campaign for their AMICA pro...
Read moreRECENT CASE: Uhd v McKay [2019] EWHC 1239 (Fam)
There has been much media flurry in recent months around three-year-old Ruby, an Australian girl who went missing after she was taken to the UK, by her mother, where her mother is citizen. Last week, Ruby’s case came before the Family Division of the High Court in London to determine whether the...
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“Former prime minister Julia Gillard wants mental health advocates to stop "squabbling" over funding and unite to t… twitter.com/i/web/status/1…
“A recently-published global analysis indicates that women experience depression at twice the rate of men, and that… twitter.com/i/web/status/1…
We're proud to launch the Light the Darkness campaign with @Richmond_FC, shining a light on the effects of cyber bully…