Publications

Third Parties in a Family Law Case

Can a family court make orders against a third party? Part VIIIAA of the Family Law Act gives a family court wide powers to make orders and grant injunctions against third parties. Under section 90AE of the Family Law Act, a family court can make orders against a third party:

Family Court throws out claim for spousal maintenance

A judge of the Federal Circuit Court in Melbourne has dismissed a wife’s application for spousal maintenance. She had made the claim against our client – the father in family law proceedings. Our client was an IT specialist earning a six-figure salary.

What is an Independent Children’s Lawyer?

An Independent Children’s Lawyer – commonly referred to as an “ICL” – is a lawyer who is appointed by a family court to independently represent the best interests of any children in family law proceedings.

PROTECTING YOUR LEGAL RIGHTS – Written Contracts For Small Business

PROTECTING YOUR LEGAL RIGHTS – Written Contracts For Small Business Many small businesses supply goods and services to clients without Read More

Frequently asked questions in Family Law

I have just separated from my partner. What options and rights do I have?What will it cost to fight a family law case?Do I need I lawyer? When should I hire a lawyer?Six reasons why you should choose […]

Can I Relocate with my Child?

After separation, a parent may wish to relocate to another region, state or country. Where there are court orders in place concerning children, that parent will need to apply to a family court for orders allowing […]

How do I go about obtaining a Divorce?

In Australia, the principle of no fault divorce applies which means that the court will not consider why the marriage has ended. Applications for divorce relate only to the marriage.

How much will I receive in a Property Settlement?

There is no mathematical formula to determine the percentage a party will receive in a property settelement, nor is there a presumption that property will be

All you need to know about Child Support

Payments for child support  are based on a formula which takes into account each parent’s income, the number of children and the child’s living arrangements.

The child support section of Services Australia is responsible for assessing

High Court rules on status of overseas Divorce

The country’s highest court has ruled that orders obtained by a husband in divorce proceedings in a Dubai court did not preclude his wife from pursing property and spousal maintenance applications in Australia.In Clayton v Bant,the High Court found that the rights of

How much do family law barristers charge?

In the recent past, there has been ongoing controversy and debate about the fees being charged by family lawyers. One newspaper report has suggested that the government is likely to ban reservation fees that are charged by some barristers – as part of reforms

Can a costs order be made in a family law arbitration?

Recently, an arbitrator handed down a costs award in favour of our client following a protracted arbitration hearing. Late last year, the arbitrator had  accepted almost entirely our client’s version of events […]

Arbitrator rules in favour of Opal Legal’s client in battle over length of De Facto Relationship

An Arbitrator has ruled that a de facto relationship between the parties in a family law case existed for a Read More

Can I record a private conversation?

A daughter records a conversation with her ailing father about the relationship between the father and his other daughter. The father does not know that the conversation is being recorded. Is the recording admissible in court on the father’s death…[…]

What is conveyancing? What are the essential steps in a conveyance?

Conveyancing is the process of legally transferring the legal title in real property from the vendor to the purchaser.Where the land is already registered (ie not an off the plan contract), these are the essential steps that are involved in a standard contract for sale of land […]

What is an Interim Hearing in a Family Law case?

An interim hearing is a mini hearing before the final hearing in a case. A party asks the court for interim orders where there is some urgency to resolve an issue […]

What is a “financial advantage”?

What is a “financial advantage”?       Scope of the section   While some over-zealous prosecutors may argue that Read More

Family Court Judge registers arbitration award made in favour of Opal Legal’s client

Family Court Judge registers arbitration award made in favour of Opal Legal’s client.

Judge rejects all 15 reasons advanced for non-registration.

In a land-mark decision […]

What is a barrister?

What is a barrister? A barrister is a lawyer who specialises in appearing in court. Why choose a barrister? Being Read More

What is a Calderbank offer?

Lawyers often refer to an offer of settlement being a “Calderbank offer.”  The term originates from the English case of Calderbank v Calderbank. Calderbank was a case litigated under English family law legislation. In that case, the Court of Appeal ordered a husband to pay the wife her costs from the date she made an offer of compromise to the husband. The rationale for the court making this order […]

Can a court override a private written agreement entered between married parties?

The High Court recently upheld a Family Court’s decision that ordered that the wife’s 50% interest in a property be Read More

All you need to know about Apprehended Violence Orders

According to the NSW Bureau of Crime Statistics & Research, more than 37,000 final Apprehended Violence Orders were granted by NSW courts in 2019  […]

MY DRIVING LICENCE HAS BEEN SUSPENDED – What are my options?

MY DRIVING LICENCE HAS BEEN SUSPENDED – What are my options? There are two common situations where your licence can Read More

Pit-falls to avoid when dismissing employees

Pit-falls to avoid when dismissing employees There are three common situations where an employer dismisses an employee: 1.   Redundancy A Read More

A basic guide to buying property at an auction

A basic guide to buying property at an auction Buying property at an auction can be an exciting and rewarding Read More

When your builder disappears – what are your options?

When your builder disappears – what are your options? NCAT Proceedings Earlier this year we appeared before the NSW Civil Read More

AVO dismissed

AVO dismissed Just because serious allegations of domestic violence are made, it does not follow that a court will necessarily Read More

Can a Prisoner be brought to Court in a Civil Matter?

Can a Prisoner be brought to Court in a Civil Matter? While criminal courts regularly direct that persons in custody Read More

Section 10 – Crimes (Sentencing Procedure) Act

Section 10 – Crimes (Sentencing Procedure) Act What is section 10? Section 10 allows a magistrate to dismiss a charge Read More

The Right to Silence

The Right to Silence One of the most fundamental, yet often misunderstood and seldom utilised rights of an accused person Read More

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