Family Law Information

A witness can refuse to give self - incriminating evidence. If the witness chooses or is instructed to give the evidence, the court will issue a certificate to prevent its future use against the witness.

A parent's child support income includes an adjusted taxable income less a "self support amount", less any relevant dependent child amount less any multi case allowance.

The legal basis of the right of a partner in possession to change is not clear. You can change the locks but the other person has an equal right to obtain a locksmith and obtain entry to the premises.

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.

An affidavit is made up of a series of short, numbered statements. Each statement should follow on logically from the one before. Each statement should set out a fact relevant to the case.

An expert's report must be attached to an affidavit of the expert witness which complies with Rule 15.62 (2).

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.

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.

An affidavit generally has a cover sheet, a body (where you write your statement) and the 'jur at clause' (where the affidavit is signed before a witness).

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.

The divorce has no effect on rights or obligations relating to property, children or child support. Applications for Orders in respect of children can be made before or after the divorce.

Parents and non-parent carers can apply for a change of assessment in special circumstances if the child support assessment is unfair

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.

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).

Application for maintenance orders is not only confined to the parents of the child. Section 66F of the Family Law Act outlines who is able to apply for orders.

If a non-parent carer has care (however described) of a child under a child welfare law, the non-parent carer may apply for child support for the child only if the non-parent carer is a relative of the child

A stay order is a temporary court order which suspends or reduces child support while the Child Support Agency (CSA), Social Security Appeals Tribunal (SSAT) or the court makes a decision about a separate application you have made in relation to your

Australia has special arrangements for child support with a number of countries, known as reciprocating jurisdictions. Where one parent lives in a reciprocating jurisdiction, the CSA work with them or where possible the relevant country to set up chi

Either you or your spouse individually or jointly, may apply for a divorce after a 12 month separation period. It is done by way of written application filed in the Federal Magistrates Court of Australia.

The court no longer makes residence, contact and specific issues orders but the same kinds of arrangements for children are included in what are now called parenting orders.