Matthew Carney, Author at Baker Love Lawyers Newcastle

How does the Court decide whether a child is at a risk of harm?

In all court cases dealing with the care of a child, the Court must consider whether there is a risk to a child in spending time with either parent. On 1 July 2022, five Judges of the appellant jurisdiction of the Federal Circuit and Family Court of Australia delivered an important decision detailing how the […]

New Superannuation powers for parties in Family Law Property Proceedings

When a party seeks Orders to divide the assets and liabilities of the relationship following their separation, they can also seek Orders regarding superannuation. Superannuation splitting Orders do not convert superannuation into a cash asset however each party’s superannuation interest can be adjusted by splitting (transferring) the superannuation entitlements held. To enable greater transparency of […]

November 25, 2021
By Matthew Carney
Family Law
No Comments

Can Final Family Law Property Settlement Orders be Set Aside?

The Family Court has the power under section 79A (or section 90SN for de facto matters) to set aside or vary final property orders, even if the Orders were made by consent of both parties. To be successful in an application to set aside or vary final property orders the Court must be satisfied […]

August 26, 2021
By Matthew Carney
Family Law
No Comments

The merger of the Federal Circuit and Family Court of Australia

The new Federal Circuit and Family Court of Australia will commence on 1 September 2021. The new court merges the Federal Circuit Court of Australia and the Family Court of Australia. The merger will result in a greater emphasis being placed on encouraging parties to settle disputes, before Court proceedings are commenced. In […]

When can the family court order parentage testing?

If the parentage of a child is “in issue” in proceedings under the Family Law Act, the court may make an order requiring a parentage testing procedure to be carried out to help determine the child’s parentage. An application for parentage testing can only be made during family law proceedings for example where an application […]

Mental Health Applications in Criminal Proceedings

Individuals charged with criminal offences heard in the Local Court of NSW may make an application, in appropriate circumstances, for the charges to be dismissed due to mental health and/or a cognitive impairment. On 29 March 2021 the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 will commence, which provides new legislation for the […]

October 28, 2020
By Matthew Carney
Family Law
No Comments

Is there a requirement to disclose your new partner’s assets during a property settlement with your former partner?

In family law property settlement proceedings, each party has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the case, in a timely manner. The Family Law Act at section 75(2)(m) also requires the court to take into consideration if either party […]

August 27, 2020
By Matthew Carney
Family Law
No Comments

Changing a Child’s School After Separation

The Family Law Act provides that if there are no Court Orders in place, both parents have parental responsibility for their children. This legal position remains unless it is overturned by a parenting order made by a Court. Parental responsibility carries with it a requirement for consultation and for parents to make a genuine […]

What is a Financial Agreement before marriage (Pre-Nuptial Agreements) and can they be overturned?

Family lawyers are often asked if pre-nuptial agreements (a financial agreement) are binding. The short answer is, yes, they are, if drafted correctly. However, financial agreements can also be overturned if certain criteria are not met. What is a financial agreement before marriage? The Family Law Act allows couples who are considering getting married to […]

Changing A Child’s Surname After Separation

The International Covenant on Civil and Political Rights provides that ‘every child shall be registered immediately after birth and shall have a name’. In NSW when both parents agree to changing a child’s name, the change of name is registered with the Registry of Births Deaths and Marriages. A $195 fee is payable and […]

Author: Matthew Carney

How does the Court decide whether a child is at a risk of harm?

New Superannuation powers for parties in Family Law Property Proceedings

Can Final Family Law Property Settlement Orders be Set Aside?

The merger of the Federal Circuit and Family Court of Australia

When can the family court order parentage testing?

Mental Health Applications in Criminal Proceedings

Is there a requirement to disclose your new partner’s assets during a property settlement with your former partner?

Changing a Child’s School After Separation

What is a Financial Agreement before marriage (Pre-Nuptial Agreements) and can they be overturned?

Changing A Child’s Surname After Separation

Recent Posts

How does the Court decide whether a child is at a risk of harm?

Share Market Manipulation

Joint Tenants vs Tenants in Common: What’s Mine is Yours?

Assault, All too Common

Author: Matthew Carney

Subscribe To Our Newsletter

Recent Posts