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A privilege against self incrimination

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. This is called privilege against self-incrimination.

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A subpoena is a legal document issued by a court

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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Admissible evidence in family law court proceedings

The court will only consider evidence in a family law proceeding if the evidence is relevant and presented in a proper format.

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Affidavit a way of givng evidence

Affidavit is a written statement setting out the relevant facts. It is used as evidence in the family or the federal circuit courts court. It must serve upon the opposing party.

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Affidavit-Contents of an affidavit

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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Affidavits by witnesses

You may have heard the terms “affidavit” or “filing evidence using an affidavit”. If you are not familiar with court proceedings you might not know what an affidavit is, or how to prepare one for your case.

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An affidavit forms part of the evidence

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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An injunction under the Family Law Act

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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Appeal procedures in the Family Court

For an appeal to be successful, the higher court must be convinced that the lower court judge made an error in his/her decision.

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Appealing against family court decision

Appeal Steps to be taken by trial judge when exercising discretion to allow an interim property settlement pursuant to s 79 or s 80(1)(h) of the Family Law

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Appeals process in family law

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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Applying for a subpoena in a family law matters

Filing for a Subpoena before a Court of Law to produce an important evidence in the possession of another person.

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Applying to the Federal Circuit Court

When you and your spouse cannot agree on parental arrangements for your children after separation or divorce, you have the option of applying to the Federal Circuit Court.

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Arbitration provides an alternative to fmily law litigation

Arbitration provides parties with property or financial cases an alternative to litigation and judicial decision. Parties who wish to undergo arbitration will sign an agreement to arbitrate and will stipulate in the agreement the guidelines for arbitration.

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Breach reinforcement of financial orders

Family law orders are not automatically enforced. In a case both parties failed to reach an amicable settlement, they should consider applying for a court order.

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Can I get a divorce in Australia

If you were married or are now living overseas, can you get a divorce in Australia?The answer is yes if you or your spouse are an Australian citizen.

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Can the order be enforced if there is an appeal

In most cases, the order can be enforced even though you may be appealing the decision.

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Case appraisals are often used in property and financial disputes

Case appraisals are often used in property and financial disputes. The process involves the participation of an independent third party who is provided with all the relevant information and asking for an opinion on a likely outcome if the dispute should reach court action.

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Case assessment conference

If you apply for a financial order in a Family Law Court, you will probably need to participate in a case assessment conference.

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Case assessment conference family court

When family law disputes involve property or financial issues, the case will not proceed to trial until a case assessment conference is held before a registrar

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Challenging a Court decision in the Family Court of Appeal

An appeal may be filed to challenge a lower court’s decision. The appellate court may issue another order if it finds that the lower court committed errors.

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Change of name after divorce

A married woman who used her husband’s surname during the marriage can revert to her single name after separation or divorce.

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Choosing the right court

If you need a divorce, a financial order, or parenting orders, you must apply to one of the two Family Law Courts. This article will help you understand the difference between the two courts.

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Closing address at the end of family law matter

The closing address happens at the end of the case. The applicant and respondent (and independent childrens lawyer, if there is one) can go through the main points of their case.

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Communicating with your family lawyer

Talking with your lawyer is not like talking with your best friend. Although you want to have open and easy communication with your lawyer, you must remember to stay focused on the issues your lawyer wants you to address.

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Compliance with financial orders

Applying for financial orders is altogether a different thing from enforcement of a financial order because do not automatically enforce financial orders. It would be great if the parties of their own accord would comply with the financial order.

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Complying with financial orders

In this article we will look at your options to force your partner to comply with a Property or Financial order made by the Court.

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Complying with orders about children

Once an order about children is made by the court everyone concerned is required to comply. The person who breaches a court order about children can be held liable and penalties may be imposed.

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Conciliation Conference family court

Conciliation is a process wherein participants, assisted by a third person called conciliator, identify issues in the dispute, develop solutions and options and endeavour to reach an agreement.

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Consent Orders are a written agreement approved by the Court

Parties can enter into private agreements for parenting and financial arrangements and apply for consent orders.

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Contempt of court and breach of court orders

Contempt of court issues must be taken seriously as the perpetrator could receive a severe punishment such as a fine or a period in prison

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Contempt of court orders

Contempt of court is punishable by imprisonment, fine or both or any other penalty deemed appropriate by the court for breach of orders.

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Contravention of court orders

Contravention is a breach of court orders. Court orders are directions made by the court which must be followed. Therefore, a contravention of these orders is when someone is not following orders made by the court.

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Costs in contravention proceedings that affect children

If the Court decides that a 'more serious' breach of an order has occurred, it must order costs against the person breaching the order, unless it would not be in the child's best interests.

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Court can issue an exclusive occupancy order

After a separation or divorce both spouses are entitled to live in the family home regardless of whose name is placed on the title of the property or rental contract

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Court orders under the family law act

Court orders are the decisions or judgement of the court which must be obeyed by the parties to the case. Court orders outlines what a party needs to do.

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Cross examination in family cases

Cross examination is the right of every party to examine the veracity of the testimony of a party. Cross examination tackles areas that have been brought up during the direct examination of a witness.

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De Facto time limits on de facto applications

An application for property adjustment or maintenance must be made within two years of separation (refer to s.44(5) of the Family Law Act).

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Disclosure family proceedings

As a party to a case you have a duty to provide to all other parties disclosure of all information and documents which are relevant to an issue in the case.

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Disclosure of reports

An expert report obtained during the pre-application period may come under the general duty of disclosure of all relevant information, unless privilege applies.

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Discovery-Property Settlement

A party preparing for his family law case, particularly property settlement, may avail of discovery methods. The most common discovery methods are depositions and requests for production.

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Discretionary trust and family law

A trust is an entity in which certain people are entrusted to hold assets for the benefit of certain people or entities. Various assets can be held on trust, including money, property and businesses.

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Divorce - legal advice for men

You have to wait at least 12 months after separation before you can file for a divorce. Either the husband or wife can complete the application or it can be done jointly.

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Do I need legal advice for a divorce

A lawyer will tell you your rights and assist you to reach an agreement with your ex-partner over children and property. He or she will also gather together any documents required on your behalf and present them to the court.

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Ending a child support agreement

A child support agreement may be ended by executing a new agreement that expressly provides for the liability in the previous agreement to end.

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Enforcing financial orders

To seek enforcement of a property order, a party should make an application to the Court. The Court will make the decision as to whether an order is required to enforce the existing order.

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Evaluating your family lawyer

In the best of cases, the relationship with your family lawyer will go well and you will not need to consider changing the scene. But it is the rule, not the exception, that things will not go smoothly in a contested divorce case. And you do need to keep evaluating how things are going..

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Exclusive sole occupancy

The family home is part of matrimonial property. While deciding on who will have exclusive occupancy of the home the court may issue an interim exclusive occupancy order upon application of one of the parties

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Family assessment report

When disputes in a family law proceeding involve children, the court may depend upon the assistance of a professional who prepares a family assessment report

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family court can deal with bankruptcy matters

If you have a family law case and you go bankrupt, the family courts can deal with your bankruptcy. Bankruptcy can be dealt with at the same time as property or spousal maintenance.

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Family Court in Western Australia

The Family Court of Western Australia is a state court dealing with family law which was established in 1976 under the Family Court Act of 1975

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Family Dispute Resolution mediation Aussie Divorce

The FDR practitioner acts as a neutral or unbiased mediator at a meeting between him or her and the two parties concerned. The meeting usually involves the couple being jointly present, but they may be separated physically if there has been a proven history of violence in the relationship.

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Family dispute resolution section 60I

Family dispute resolution as refer in section 60I of the Family Law Act 1975 means trying to come to an agreement about your family arrangements, rather than going to court.

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Family Law Injunction Order

An injunction is a restraining order of the court to prevent a person from doing any act or thing. Likewise, it may also require a person to do an act or a thing. In the Family Court, a party may have to apply for an injunction for either financial or children’s cases.

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Family law legal costs

Each party is generally responsible for paying their own costs. You may need to share some costs. For example, if there is an independent childrens lawyer or a family report.

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Family law rules of evidence

It is said that all other rules of evidence flow from this fundamental rule. The purpose of the fundamental rule is to only allow 'evidence' which tends to prove or disprove a fact in issue.

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Family law trial known as the final hearing

The trial, also known as the final hearing, is a hearing before a judge in a courtroom. The judge conducts the trial and makes a decision about your case (makes orders).

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Federal Circuit Court

The aim of the Federal Circuit Court is to efficiently dispose of cases in the fastest possible time and at the least cost to the parties.

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Full and frank disclosure in parenting cases

Duty of disclosure requires all parties to provide the Court and each other party all information relevant to an issue in the case.

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Full and Frank Financial Disclosure - Family law

In property settlement proceedings the parties are required to make full and frank disclosure of their financial circumstances.

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Future Needs Section 752 of the FLA

Section 75 (2) of the Family Law Act refers to the factors that the court needs to consider in determining property settlement disputes.

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Gather evidence in support of your case

Family law proceedings raise a particular set of evidentiary concerns, notably in connection with evidence in children’s cases. Evidence in family law proceedings is governed by both the Evidence Act 1995 (Cth) and the Family Law Act 1975 (Cth).

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Giving evidence in family court

Family Court hearings require the parties to proceedings to give evidence as a witness to help establish the truth of the claims being made.

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Going to the family court tips

Family Court is fraught with drama, passion, and emotions. However, the way you behave in court can directly influence the outcome of the case.

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Homemaker contributions

Homemaker contributions are the domestic duties performed by a party in a relationship. Homemaker contributions are always considered by the Court in a property settlement case.

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How do I apply to the family court for property or parenting orders

If you have divorced your spouse or separated from your de facto partner, you might still need the courts help to resolve certain parenting or financial issues

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How do I file a response to an initiating application

An initiating application is a request for a court order to resolve a family law dispute. It is usually used to seek financial orders (governing property settlements and the payment of maintenance) or parenting orders (deciding where children will live and when or how they will spend time with the other parent).

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How does the Court divide our property

There is no formula or rule that determines how the property will be divided.The ourt is not required to split the property 50/50.

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How does the family law Act deal with false allegations

If your relationship breaks down, you can apply to a Family Law Court for a financial order that will divide your property. This article explains how a court will decide that application.

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How to get evidence

The rules of evidence have an application in relation to 2 “hemispheres” so to speak. The first, the generic body of law which deals with the law of evidence applies universally in all jurisdictions and all courts in each jurisdiction.

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How to prepare an affidavit

An affidavit is an important piece of evidence in family law court proceedings. It is a written statement of the facts known to the complainant, respondent or witness.

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How to reduce legal costs in Family Law proceedings

There are three main ways to reduce the cost of legal action in a Family Law matter.

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How to serve the application for divorce

Divorce application serving means that the documents must be delivered to your spouse, in accordance with court rules, at his or her place of work or home address.

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Initiating application response

The ‘Initiating application’ form and the ‘Response to an initiating application’ form are used for both the Family Court and the Federal Circuit Court.

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Injunctions under the Family law Act

Injunctions under the Family Law Act provide immediate relief to applicants who seek to restrain acts that are against their interests or safety.

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Interim orders family law court

Family law courts enter three kinds of orders. A final order (usually a financial order or a parenting order) is the courts final resolution of a dispute

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Joint children's and property cases

Out of Court Settlements can be conducted in several ways. It can either be through a private arrangement between the parties concerned or through a Family Dispute Resolution.

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Lawyers to avoid

As you interview each lawyer, be on the lookout for the following characteristics that might indicate they should be avoided

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Lawyers' Obligations

Lawyers must as early as practicable advise clients of ways of resolving the dispute without starting legal action.

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Legal costs in family law matters

Usually, parties who are involved in family law proceedings pay their own legal costs. However, there are exceptions to this. The Court may order one party to pay the legal costs of another.

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Less adversarial trial process LAT children matter

The Family Court advocates for the less adversarial trial (LAT) process in its proceedings which is an alternative to the traditional and purely adversarial litigation model.

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Needs s752 Property Settlement

Section 75(2) of the Act sets out a number of factors that the Court needs to consider when deciding on whether one of the parties has greater needs than the other, in the future.

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Negotiate or litigate

Many people think that initiating litigation is too aggressive and some even say you should only use it as a last resort.

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Negotiation is commonly practiced in family law

In negotiation, separated parties come together to discuss and try to resolve all or some of their issues. The Family Law Act requires that parties make a genuine effort in resolving their issues before going to court or in order to avoid going to court.

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Personal agreement after a divorce cecree

Divorced parties may enter into agreements to settle parenting arrangements, property division and spousal maintenance.

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Pre-action procedures in financial matters

Unless your matter falls into one of the exceptions to the pre-action procedures, these procedures are compulsory and costs orders may be awarded against you and your lawyer

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Preparation in a pre-trial confrence

Pre - Trial Conference provides another opportunity for all the parties to negotiate and amicably settle their case. Parties may set their demands and ventilate their concerns before the Registrar who is the authority that will mediate between the parties in a Pre-Trial Conference.

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Preparing an affidavit

In most Family Law Court proceedings all evidence (evidence in chief and other evidence in support of the orders sought) is given on affidavit unless the court directs otherwise.

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Presenting evidence in a family law court

If you apply for a financial order or a parenting order and are given a contested hearing (trial), you will need to present evidence. Both the Family Court of Australia and the Federal Circuit Court of Australia follow the Evidence Act 1995, but they each have their own procedures governing trials and evidence.

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Property financial questionnaire

A financial questionnaire is a document, which outlines the financial income, expenditure and liabilities of a business, person or other entity.

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Reports by Family Consultants

Family consultants are experts in family law cases involving children. They help the court in deciding arrangements for the children.

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Rules of evidence family court in a proceedings

Not all evidence that is relevant can be shown to the court. Ensure that you have a sound knowledge of the law of evidence and in particular a proper knowledge and understanding of the provisions of the Evidence Act in relation to any proceedings in the Family Court, other than child-related proceedings

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Self-Incriminating evidence

The case of Churchill & Raske discussed the gray area in evidence law which is the matter of providing self-incriminating evidence in family law.

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Service of divorce documents

Service is the process of sending or giving court documents to a party after they have been filed, in accordance with the rules of a court.

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Social security payments disregarded in ordinary formula child support assessment

It is the Child Support Agency (CSA) that determines the child supports payments that each parent needs to give for every child. The CSA has a formula in computing for the child support.

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Spousal and de facto maintenance

Spouse maintenance is financial support paid by a party to a marriage to their husband or wife (or their former husband or wife) in circumstances where they are unable to adequately support themselves.

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State legislation with respect to infertility and surrogacy

In Victoria, under the previous law Infertility Treatment Act 1995 Section 8(1), a woman who undergoes a treatment procedure must be married and living with her husband on a genuine domestic basis or is living with a man in a de facto relationship.

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The advantages of a family report

The court will order a family report this is usually prepared by an accredited social worker or psychologist. This report helps to determine the best interests of a child

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The child responsive program involves a series of meetings

A registrar lists the case to the , which involves a series of meetings with a family consultant and the parties involved.

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The Family Court Process Procedural Hearing

Where your application includes both a financial case and a parenting case, the registrar usually conducts the procedural hearing at the end of the conciliation conference.

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The Family Law Act gives the court wide discretion powers

The Family Law Act gave the Family Court and Federal Magistrates Court a wide discretion in deciding property settlement disputes.

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The legal status of de facto relationships

A de facto party must, ordinarily, bring an application for a property or maintenance order to the court within two years of separation. Do you have any rights?

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The relationship between bankruptcy and divorce

When the party to a divorce becomes bankrupt, much of that person’s property becomes vested in the bankruptcy trustee. That means that the trustee, not the bankrupt, controls the property.

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Third parties in a property settlement dispute

In a family law proceedings, It is important for third parties to be involved to protect their rights and interest over the Property that was mortgaged, leased, or any other legal transfer, whether partial or total, as the case may be.

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Third party Interests in family court proceedings

Family Law Courts can join third parties in a family law proceeding to protect the interests of both divorcing parties and third parties.

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Trial-Opening address

A trial in a family law case is very challenging but with sufficient preparation, it can be surpassed with excellent results.

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Understanding legal fees

Clients should not hesitate to ask and be informed of the financial terms for retaining the services of their lawyer. This way surprise and shock will be avoided come billing time.

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Use of affidavits in family court proceedings

Parties who apply to a Family Law Court to resolve a dispute will need to prepare appropriate affidavits to prove their case.

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Use of conversation recordings as evidence in a family law case

Whether a secret recording of a conversation can be used as evidence in a family law case depends on the nature and content of the recording.

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Value of the home in a property settlement case

A valuation pursuant to Family Law Rules is unbiased as the valuer acts independently and is not working for any particular party

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Vexatious Litigant Orders

Vexatious litigation is legal action brought solely to harass, annoy, embarrass or subdue and adversary, regardless of the merits or prospects of success of the action

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What is an eligible child support carer

A non-parent carer cannot be considered an eligible carer if the parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child, unless it is unreasonable for a parent or legal guardian to care for a child.

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Your affidavit is known as evidence in chief

The Family Court and Federal Circuit Court have blank affidavit forms for applicants and respondents. An applicant or respondent can also make his own affidavit

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