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Ethics and professional responsibility: Non-disclosure and professional misconduct

Partner Alison Ross covers the following points in this paper:  The client’s obligation to make full and frank disclosure Redacting documents Privileged documents Inadvertently destroying evidence What happens if a client falls short of th

    Todo

    Legislation Update

    Are the proposed family law reforms the end of fathers’ rights to be equal parents?

    Are the family law reforms proposed by the Government the end of fathers’ rights to be equal parents? The short answer is no. Currently, the Family Law Act 1975 (Cth) (the Act) requires the Court to consider a number of primary considerations w

    • Separation
    • Divorce
    • Parents

    Article

    Parenting and Christmas: 7 ways to enjoy a happy and respectful holiday period

    Christmas is a busy time for all families. With demands for our time at an all-time high during the Christmas period, it is vital that your parenting arrangements be agreed upon as early as possible so the whole family can enjoy the festive period.

      Article

      When can a child make their own medical decisions, and what does that mean for parental responsibility?

      In the absence of a court order, each parent has parental responsibility for their child being all duties, powers, responsibilities and authority which, by law, includes the power to authorise medical treatment for the child. But at what age does a

      • Family and relationship law
      • Gender dysphoria

      Article

      Child support and spousal maintenance: how to seek financial support after a separation

      It is not uncommon for family law clients to be confused about the differences between child support and spousal maintenance. Although they are both intended to achieve a similar goal, which is a payment towards a party’s financial support where th

      • Property
      • International
      • Assets
      • Separation
      • Divorce
      • Custody

      Court Decision

      Family law: Four considerations if you have assets in Australia and overseas

      If you hold property or assets both in Australia and overseas, then determining where to deal with any family law matters in the event of separation can be tricky.  In light of the recent decision from the Full Court of the Family Court of Australi

      • Family law
      • Overseas
      • Property
      • International
      • Assets
      • Separation
      • Divorce

      Article

      Gender dysphoria in children – who can consent to treatment?

      In this article, Partner, Alison Ross outlines the current treatment for children and adolescents with gender dysphoria and circumstances where a court order is necessary. Gender dysphoria refers to a diagnosis arising from distress experienced by

      • Family and relationship law
      • Transgender
      • Gender dysphoria

      Factsheet

      Maintenance

      Upon separation, there is no automatic right to receive maintenance from, or a duty to pay maintenance to a former spouse/partner. What is maintenance? The Family Law Act 1975 (Cth) provides that one party to the marriage is liable to maintain the

      • Family and relationship
      • Spouse
      • De facto
      • Maintenance
      • Relationship
      • Separation

      Court Decision

      Can I set aside my binding child support agreement due to COVID-19?

      In this article, Partner, Alison Ross and Law Graduate, John Hickey discuss the recent Court decision Martyn & Martyn [2020] FamCA 526 and how the Court ordered that the agreement be set aside as the father would otherwise suffer exceptional

      • Divorce
      • Separation
      • Child support

      Article

      Recognising domestic violence during the COVID-19 pandemic

      While Australia continues to navigate through the COVID-19 pandemic, with varying degrees of restrictions still in place throughout Australia, it is important to consider the many Australians whose family homes are not always the safest place to be.

      • Domestic violence
      • Spousal abuse
      • Separation
      • Health
      • Divorce

      Article

      Parenting orders after COVID-19: Will my orders remain binding?

      There is currently a lot of discussion surrounding the obligations of parents and carers under existing parenting orders, in circumstances where they have been impacted by the COVID-19 pandemic.  However, even during the existing climate, parents a

      • Covid-19
      • Coronavirus
      • Pandemic
      • Isolation
      • Social distancing
      • Divorce
      • Separation

      Article

      Superannuation, property settlements and COVID-19

      Couples engaged in property settlement negotiations or court proceedings prior to the COVID-19 crisis currently face a difficult choice: should the negotiations be suspended until the crisis ends or should negotiations and property settlement matters

      • Covid-19
      • Coronavirus
      • Pandemic
      • Health
      • super