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Law report

Temporary Migrants and Australian Children

The Law Report on ABC’s Radio National presented a story on their program about foreign parents, Australian children and the path to a permanent visa. It discusses citizenship, rights and the discretion of the Immigration Minister to decide whether or not an Australian child can maintain a close relationship with both parents. When a temporary […]

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Appeal Costs

Appeal Costs: WA Court of Appeal affirms costs rules

Appeal Costs: WA Court of Appeal affirms costs rules – Case turns on own facts – no new principles In S v D [2014] WASCA 224(S) the WA Court of Appeal dismissed an application that the parties share costs equally in circumstances where the Appellant had been wholly unsuccessful. The court of appeal affirmed the general proposition […]

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WA Government to introduce new family violence restraining order

The ABC News Website has reported that a new type of restraining order is being introduced by the Western Australian Government to better protect family violence victims . The Family Violence Restraining Order According to Attorney-General Michael Mischin, the Family Violence Restraining Order (FVRO) was designed to reduce the onus on the victim to provide […]

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Radio National Law Report – Wills & Intestacy

The Law Report program on Radio National broadcast on Tuesday the 3rd of March discusses a dispute involving the estate of a young man who died without a will leading to an unexpected outcome. Under the law of intestacy, his estate of $600,000 goes to his estranged wife, despite the couple already finalising their property […]

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divorce in western australia

Divorce in Western Australia

The Australian Bureau of Statistics released the latest data for Separation and Divorce late last year. This data consisted of 2013 figures and show that 5268 applications for divorce in Western Australia were granted. This was an increase on the previous years figure of 5073 and went against every other state and territory in Australia, […]

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Shared Parenting – Overnight Stays For Children Under Four

ABC Radio National’s Law Report discussed an interesting Shared Parenting issue on it’s program last Tuesday 1st July 2014. Children under four spending time away for the primary carer is a strongly debated issue. The program looks at what Australian research actually says and how is it being used in the Family Court. You can […]

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Government to review domestic violence laws

The Western Australian Government is examining key recommendations from a Law Reform Commission report which includes separating family and domestic violence orders from the existing Restraining Orders Act. The report recommends treating it as a criminal offence under the Criminal Code and creating clearer definitions of what constitutes domestic violence. An article, appearing on the […]

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The Restraining Orders Act 1997 (WA) annotations

Kavanagh Lawyers’ principal, Marty Kavanagh, has just had his 20 annotations on The Restraining Orders Act 1997 (WA) published as part of a significant update to Dickey’s Family Law with Legislation. This new authored content provides concise annotations, and are structured to help practitioners reach the information they need as quickly as possible. Read more about […]

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