News

Can I still file for divorce if I haven’t been separated for 12 months?

Dec 12, 2019

The short answer is no – the Family Court will not grant a divorce where you and your ex-partner have been separated for less than 12 months. The long answer is a bit more complicated. While you may have to wait 12 months to apply for divorce, you don’t have to wait that long to…

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Parenting orders, consent orders, parenting plans and more… so what’s the difference?

Dec 6, 2019

There are a range of options available to separated parents seeking to formalise arrangements concerning their children. Figuring out which option is best for you begins with understanding the differences between them.   Parenting Plans Parenting Orders Consent Orders Does it need to be in writing? Y Y Y Is joint agreement required? Y N…

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Family law news update: De facto superannuation splitting bill introduced to Commonwealth Parliament

Dec 5, 2019

The Family Law Amendment (WA De Facto Superannuation Splitting & Bankruptcy) Bill 2019 was introduced to the House of Representatives on 27 November 2019. If this bill is successful, de facto couples in Western Australia will be able to split their superannuation as part of a property settlement, bringing WA in line with the rest…

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Staying off the Family Court’s naughty list this Christmas (and for the rest of the year)

Dec 4, 2019

What you need to know about breaching and complying with parenting orders Parenting orders are legally binding and carry serious legal consequences for breach. Where the Court finds that a party has breached (‘contravened’) parenting orders, they may order: Payment of the other party’s legal costs Attendance at a parenting course Payment of a fine…

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‘We want prenup’: Binding financial agreements in Australia

Dec 4, 2019

Popular culture is rife with references to the infamous prenup agreement. But is a prenup a good idea, and are they available in Australia? Prenups in Australia The equivalent of a prenuptial agreement in Australia is a Binding Financial Agreement (BFA). You can enter a BFA before, during or after a marriage or de facto…

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New Irish laws to allow same-sex parents register both names on child’s birth certificate

Nov 11, 2019

Irish Courts could be given the power to change parentage in surrogacy cases. Please click here for the full Irish Times article by Paul Cullen.

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Family Violence: Case Updates

Oct 24, 2019

Costs – Frivolous or Vexatious:  s 69 Restraining Orders Act 1997 (WA) Section 69 of the Restraining Orders Act 1997 (WA) prevents a costs order being made against an Applicant, unless the application is “Frivolous or vexatious”.   In Lovelady v Griffiths [2018] WADC 180, Staude DCJ [pars 40-45] discussed some of the leading cases on the issue of…

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Little Progress on WA Surrogacy Legislation

Oct 10, 2019

Whilst the WA bill has a 3rd reading on the Legislative Assembly this week, the legislation is bogged down in the Legislative Council and progress is unlikely until 2020. Please click here to see the bill and its progress.

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Legal system struggling under a surge of reports in family violence

Sep 19, 2019

Kavanagh Lawyers’ Pricipal, Mr Marty Kavanagh, weighs in on violence restraining orders and the challenges facing our Court system, in this ABC news article by Briana Shepherd.

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High Court of Australia rules in favour of biological Father

Jun 19, 2019

On 19 June 2019, in the decision in Masson v Parsons [2019] HCA 21 the High Court of Australia upheld a decision of the Judge at first instance that a man who was actively involved in a child’s life and who was also her biological father was her “parent”.

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