Has your financial matter been adjourned for a conciliation conference and you’re not sure what to do next? A conciliation conference is a type of dispute resolution and is facilitated by the Court Registrar. The parties and their solicitors attend court for the conference and attempt to negotiate a settlement having regard to the evidence […]
Are you or the other parent living overseas, and are you having difficulty organising child support? 1. Is the overseas parent in a reciprocating jurisdiction? Only some countries have agreed to co-operate with international child support obligations. 2. If yes, and the paying parent lives in Australia: a. the overseas parent will need to work […]
People often overlook one very important matter in the excitement of a wedding: any pre-existing will (unless it is stated to have been made in contemplation of the marriage) will become invalid. This in turn means that it is likely your new spouse will inherit your estate regardless of what your prior will provided. This […]
Quite frequently where there is a dispute in relation to a will it is necessary to prove that a will is valid. So what needs to be shown? 1. Capacity A will maker (known as the testator) must: i. Be at least 18 years of age unless an exception applies; ii. Be of sound mind, […]
A recent decision of the Supreme Court of NSW highlights the difficulty that can be encountered when contracts are signed with suppliers of products or services and those suppliers are located outside of your state or territory. In the proceedings in question of the four parties to the proceedings, three were Australian entities and carried […]
The Marriage Act 1961 no longer prevents same-sex couples from entering into a legal marriage in Australia. What does this mean for disputes about parenting arrangements for their children? One of the first steps in any parenting matter before the court, is to determine who is a legal parent of the child. If the couple […]
Many people feel trapped in a relationship as they don‘t have the funds to leave and set themselves up elsewhere. Often this occurs as one party has been the financial controller during the relationship and the other party finds themselves cut off from independent funds. So what can be done for a person in this […]
The actions of Police in NSW are predominantly governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (“LEPRA”). One such action governed by LEPRA is when Police are able to search a person if they do not have a warrant to do so. Section 21 of LEPRA sets out that a Police officer may, […]
In Newcastle, you can expect to be stuck in court for about 18 months or more before the trial date. To avoid the cost and delay of court proceedings, here are the 4 things you need to do before filing: 1. Obtain legal advice – obtaining advice early can help you understand what needs to […]
The Australian Family Court system is stretched to the limit, capacity and funding wise, and there are regulations in place to ensure that parties attempt to resolve their matters without recourse to the Court system. In 2004 the Family Law Rules 2004 (Cth) introduced pre-filing dispute resolution requirements. It is a requirement that prior to […]
