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Our family law information section includes topics covering the critical areas of the Australian family law systems. Here you will find information about property settlements, children matters, divorce and de-facto relationship.
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In post separation cases, the ownership and administration of properties becomes a top issue. Most couples who have separated would bring on their issue about who-gets-what types of things.
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The making of an AVO does not constitute a criminal offence. A breach of an AVO - if proved - however is a criminal offence (regardless of whether the particular incident that gave rise to the breach is itself a criminal offence).
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Once the divorce order takes effect, a divorce order will issue and will include a certification that the divorce has taken effect so that a separate divorce certificate will not be issued.
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The general rule is that a person cannot be compelled to provide evidence that would subject him to criminal or civil liability either under Australian or foreign law.
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The Child Support Agency (CSA) determines child support by using the shared income approach.
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A subpoena is a legal document issued by a court at the request of a party in the matter. A subpoena forces a person or business to produce documents or give evidence at a hearing or trial.
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If a child turns 18 while they are in full-time secondary education and there is a child support assessment in place, you can apply to the Child Support Agency (CSA) to extend the assessment.
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In most family law cases, the main way of giving evidence to the court is by a document called an affidavit. An affidavit is a written statement setting out the facts of a case in your own words.
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An expert's report must be attached to an affidavit of the expert witness which complies with Rule 15.62 (2).
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The contents of an affidavit will depend on what kind of case it is.The Family Court has an affidavit that must be used in interim parenting order applications and which may also be used for applications for final orders.
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Your affidavit should include all the evidence you use at the hearing. There are slight differences between preparing an affidavit for an interim hearing and a final hearing.
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If you have filed affidavits by witnesses who support your case, then the other party may wish to cross-examine those witnesses.
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Parents and non-parent carers can apply for a change of assessment in special circumstances if the child support assessment is unfair
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The following case is an example of where an initial contribution in a short de facto relationship was given significant weight given the lack of "off-setting" contributions by the other party during the relationship.
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An injunction is a court order making a person do, or refrain from doing, something. It is also commonly referred to as a restraining order (intervention order).
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An appeal is initiated by filing a Notice of Appeal with the regional appeal registry within 28 days from the time the assailed order is made.
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In an appeal you ask the Full Court to set aside a decision made by a trial judge or federal magistrate. An appeal is not a rehearing of the original dispute.
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Child maintenance orders are only applicable to children born before October 1, 1989 and whose parents separated on said date. Child maintenance ceases once the child turns 18 years old.
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The Family Law Act has established that non parents may be the carers of a child. In order to ask for child support from the parent of the child the non-parent carer must be a qualified non-carer.
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A stay order is a temporary court order that suspends or reduces the amount of child support during the pendency of a separate child support application.
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