I’m Thinking About Separating – What Happens If We Separate?

Jan 2, 2018

These are difficult questions to think about. In fact, most of us would rather think of anything but separation. Thinking about separating doesn’t necessarily mean you will separate.

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Same Sex Marriage – What Does It Mean For Me And My Family?

Dec 20, 2017

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 came into force on 9 December 2017. In practical terms how does the Act affect me?

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Parental responsibility ordered for non-parents in surrogacy case

Jul 5, 2017

In the case of Adair & Anor and Bachan [2017] FCWA 78 the Family Court of WA made orders granting parental responsibility for twin children to the biological father and another person. The Children were born overseas under a surrogacy agreement. The biological father, the First Applicant was not the legal father of the children…

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Maximum $330* (inc. GST) for all initial consultations held in January and February 2017.

Dec 21, 2016

The New Year is often a time where people wish to see a Family Lawyer to “see where I’m at if I separate.” We are pleased to offer a fixed rate of $300 + GST (total $330) as follows: All consultations must occur between 9 January 2017 and 28 February 2017. The flat rate of…

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Relocation decisions made April 2015 to March 2016

Jul 14, 2016

Latest relocation statistics from the Family court of WA. In the period from April 2015 to March 2016, there were 29 relocation cases in the Family Court of Western Australia. 23 of these cases were decided after final hearings, with 6 at the interim stage. Two of the final hearings were subject to appeals where one was dismissed and the other withdrawn.

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Court refuses to make property adjustment despite 27 year de facto relationship

Mar 8, 2016

In Chancellor & McCoy[ 2016] FCCA 53 a Single Judge dismissed an application for a property adjustment by a party to a same sex de facto relationship of 27 years. The court held (relying in Stanford) that it was not ‘just and equitable’ (i.e. fair) to make an adjustment of the property interests of the…

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Allegations of child abuse

Feb 5, 2016

The decision of the Chief Justice Thackray of the Family court of WA in Western Australian Newspapers and Cuzens [2016] FCWA 6 provides a useful and succinct summary of the difficulties faced by parents, counsellors, lawyers and the Court when allegations of child abuse or risk of child abuse are made. View the decision here:…

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Divorce Statistics for Western Australia - 2014

Divorce Statistics for Western Australia – 2014

Nov 25, 2015

Divorce in Western Australia On the 25th of November 2015, The Australian Bureau of Statistics released data for Separation and Divorce for the last year (2014). They indicated that 4518 applications for divorce were granted in Western Australia. This was a significant (14.2%) decrease on the previous years figure of 5268 and the largest decline…

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Law report

Temporary Migrants and Australian Children

Jul 9, 2015

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

Apr 21, 2015

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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