Australians who marry are subject to the provisions of the Marriage Act 1961 (Cth). When they want a divorce, they are subject to the provisions of the Family Law Act 1975. In the matters of marriage and divorce, observant Jewish Australians must take into account two different legal systems: ...
Read moreFamily Law
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 moreALRC Report: Family Law for the Future
The Australian Law Reform Commission has released its report ‘Family Law for the Future – An Inquiry into the Family Law System’. The inquiry commenced in 2017 with the objective of recommending reform needed to ensure Australia’s family law system meets the needs of contemporary families an...
Read moreRECENT CASE: Brune & Cline [2018] FCWA 209
The Family Court of Western Australia recently handed down a decision regarding the validity of a marriage between two parties following the discovery that their Pastor’s license was invalid. The parties, who were married in 2017 were informed in the weeks leading to the ceremony that their Pastor...
Read moreInterspousal Transfer of Tax Debt Allowed, Australian Court Says
An Australian court can order that the tax liabilities of spouses who have separated be transferred from one spouse to the other through a property settlement, the High Court ruled recently. Mr. and Mrs. Tomaras (whose full names don’t appear in the court record) separated in July 2009. Before sep...
Read moreCriminal Barrister Turned Informant May Have Unexpected Family Law Consequences
The recent High Court decision relating to the Criminal Barrister turned informant known only as “EF” may have unexpected family law consequences for the unnamed female barrister. During the course of her representation of many of Melbourne’s underworld figures including Tony Mokbel, EF ...
Read moreVictoria Police – Response to Family Violence
On Monday 19 November 2018 the Victorian Family Law Pathways Network held a forum on the recent changes made within the Victoria Police in response to the ongoing issue of Family Violence in Victoria. In the year ending June 2018, a total of 76,124 family violence incidents were reported by Victoria...
Read moreLGBTIQ+ Rights Around the World
In 2017 Australia joined a list of 25 countries around the world where same-sex marriage has been legalised. The list includes 17 European countries, South Africa, Canada, New Zealand, Argentina, Brazil, the United States and Colombia. However, there are still many countries where homosexuality is c...
Read more
Lawyer Monthly Magazine January 2021 Edition is Now Live!Featuring the latest news, opinion & analysis for the legal w…
Megan Holgate experienced first-hand how a relationship can become abusive, without a red flag or ounce of physical vi…
An excellent resource by @dvvic. If someone you know is experiencing family violence, your support can make a difference. V…