Separation, Family & Relationships

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Separation, Family & Relationships

Articles, case notes and commentary from the Mullane & Lindsay team.

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Family Violence & Property Settlement

In the 1997 case of Kennon the Full Court (Family Court) stated that there is no doubt that domestic violence may be a relevant factor in assessing contribution in a property adjustment…
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Sibling Rivalry and Real Estate

It is not always plain sailing when brothers and sisters own real estate together.  It quite often happens, for example, that one sibling lives in the property rent free whilst…
Separation, Family & Relationships
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Should the Family Law Courts be abolished?

Late last month we mentioned that the Australian Law Reform Commission (the ALRC) had released its review into the Family Law system. The ALRC was asked by the Government to…
Separation, Family & Relationships
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It’s time to share

The family law sector in Australia is abuzz with the release of the Australian Law Reform Commission’s (the ALRC) review into the Family Law system. The final report contained 60…
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Taking steps to keep the family together

After the death of a loved one, family members often quarrel over a deceased’s possessions.  Jewellery is frequently fought over.   Unfortunately, the legal costs of taking such disputes to Court…
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Helping you navigate between the Courts

The recent Australian Law Reform Commission’s (the ALRC) Inquiry into the Family Law system focused on finding the best way to resolve disputes following the breakdown of intimate relationships. One key issue…
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Slimming it Down

Carrying on from recent articles published by the Mullane Lindsay Family & Relationships Law team on the recent recommendations arising from the ALRC’s Family Law Review, we now consider recommendation…
Separation, Family & Relationships
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What’s in a name?

Ashleigh John recently wrote about one of the recommendations from the Australian Law Reform Commission’s review into family law that suggested that the Family Law Act (section 60CC) should be ‘slimmed down’. Today…
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Statutory tort of family violence

Continuing our series looking at the recommendations of the Australian Law Reform Commission’s review into the Family Law System today I am looking at one of the family violence focused…
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Family Law Proceedings and ADVOs

Apprehended Violence Orders (AVOs) are made to protect a person (the victim) from a listed person (the defendant) in circumstances of violence. AVOs can be applied for privately, or by…
Separation, Family & Relationships
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Mandatory mediation for all family law matters

At the moment it is a requirement, except in limited circumstances, for parties in dispute about parenting matters to try mediation before they can commence Court proceedings. The Australia Law…
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Changes to cross-examination in matters of family violence

New provisions will commence in the Family Court and Federal Circuit Court on 10 September 2019 in an effort to provide protections to the victims of family violence.  The Family Law…
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Court encourages parents to maintain control

Under the Family Law Act before parents seek orders from the Court, they generally need to first obtain a certificate (known as a Section 60I Certificate) confirming that they have attempted Family Dispute Resolution (“FDR”). …
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A Camel: A Horse Designed by a Committee?

In March 2017, a Committee of the Australian Parliament was directed to inquire into how Australia’s Federal Family Law System can better support and protect people affected by family violence.…
Separation, Family & Relationships
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Tax implications of family law property division - part 1

When a relationship ends there are many expected outcomes but an issue not often discussed is the tax implications of property division. Today I am looking at just one: capital…
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Separation- the day before, or the day after Black Friday?

In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”.   Recommendation 13 provided that the Family Law Act should be amended to provide…
Separation, Family & Relationships
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PRE-NUP’S FOR PETS

With the number of ‘fur-babies’ on the rise, the question of what happens to Fido in the case of a relationship breakdown is a common one. Many ‘fur-parents’ are devastated…
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Emojis in Legal Proceedings

Emojis are regularly used in texts, emails and messaging.  These little digital pictures have also made an entrance into the legal world.  As people are increasingly communicating by text message…
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Mullane Lindsay - Taking the Lead

We are proud to announce that Mullane Lindsay has been named in the 2020 Doyles Guide of Leading Family Law firms as a leading Newcastle, Hunter Valley & Central Coast Family &…

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