Arbitration and Family Law It is well known that the Family Courts are suffering from enormous delays. As at today, there is approximately a two year wait for hearing dates in most registries. As an alternative to waiting for a Hearing date before a Judge to make a decision in relation to your property settlement…

A new COVID 19 Duty List for the Family and Federal Circuit Courts This week the Family Court has announced a new duty list to deal with urgent applications arising from COVID 19 isolation. A Registrar has been appointed to assess the urgent matters and if they meet the criteria, they will be listed before…

Divorcing once the children are all grown up – what is different? There has been an increase in people separating later in their lives when the children are grown and plans for retirement are being discussed. The house may be paid off, investment properties or business ventures purchased. Superannuation balances are higher, all requiring a…

What Happens in an Initial Appointment? As the school holidays end and a more normal routine with work, school and extracurricular activities re-establishes itself you may be looking at your plans for the New Year. We have spoken to several people recently who have been simply looking for information regarding Family Law to see what…

Separated Families and School Holidays This is a really difficult time to juggle work commitments, Christmas closures and the five and a half weeks of school holidays [more if your children attend a private school]. For separated families there is the added balance of running out of annual leave, who is going to pay for…

Drink Driving Penalties [NSW] A reminder for all NSW drivers that penalties and processes for drink driving offences changed in May 2019. Some of the changes are: Licence suspension immediately                         Fines on the spot Prison Terms Interlock device Vehicle sanctions High Range PCA [0.15 or above] Mid Range PCA [blood alcohol concentration of 0.08…

Mobile Phone Detection Cameras 1 December 2019 saw portable mobile phone detection cameras installed in NSW with another 35 planned over the next four years. They will include fixed and transportable trailer mounted cameras. The cameras sophisticated software automatically detects if a driver is handling a mobile phone. Before issuing the driver with a fine…

Do you have your Christmas Plan in Place? It is that time of the year where the Christmas decorations have been in store over a month and the social calendar is booking up fast. Now is also the time to have a conversation with your former spouse as to when the children will spend time…

A mediation is an excellent way to fast track a settlement in your parenting or property matter. Mediations follow a similar framework regardless of whether they are parenting or property matters or both. In mediation with the assistance of legal advice, a mediator is appointed and a date is agreed upon. Both solicitors will prepare…

I am asked by almost every family law client “what is the age where a child can choose where they live?” The common misconception is aged 12 or 13. There is no hard and fast rule here. There are a number of factors that the Court’s consider when taking a child’s wishes into account when…