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  • OSD Questions and Answers

    Common questions answered about family law. Find links here to useful information. [...]

  • Essential requirements of informal post-separation parenting plans

    It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.

  • Necessary legal requirements to establish separation

    For parties to a marriage who have made the decision to separate, there are a number of conditions that must be met in order to establish separation.

  • A Tale of Two Forums: Administrative Tribunals and Family Courts in Incapacity Matters

    Andrew Davies examines the tensions that can arise between administrative tribunals and family courts in incapacity matters.

  • Confidentiality and the Independent Children’s Lawyer

    The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.

  • Family Reports / Expert Reports / Disclosure / Cross Examination

    There is a distinction between Family Reports and Expert Reports in Family Law proceedings.

  • The treatment of monies advanced to a party: gift or loan

    Family members commonly help out their adult children or grandchildren through the provision of financial assistance, and this is likely to continue during fraught economic times.

  • Making Changes to a Parenting Court Order

    When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.

  • What happens when a party passes away during Family Court property proceedings?

    Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party under s.79(8) of the Family Law Act 1975.

  • Wills, EPAs and EPGs: what could possibly go wrong?

    J and S are happily married. They each sign a Will that benefits the other. They also enter into an Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG) appointing each other to these important positions. All is good on the home front! What could possibly go wrong?