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Family Law I Baker Love Lawyers Newcastle

Family Law

Help! I’ve been served: Family Law

We are often approached by clients who have received Court documents from an ex-partner regarding parenting and/or property matters seeking urgent assistance with next steps. In family law, before a party files with the Court, they are required to comply with the pre-action procedures. These procedures include: Set out the issues in dispute. Specify the […]
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Shed House

The End of Addbacks in Family Law

“Addbacks” were a legal mechanism allowing courts to notionally “add back” property or funds that had been spent or dissipated by one party, treating them as if they still existed for the purposes of dividing the asset pool. This often-included funds spent on legal fees, gifts, or unexplained withdrawals. The Family Law Amendment Act 2024 changed this, […]
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Magnifying Glass

Interim hearings – How does the Court decide who is telling the truth or what really happened?

The few parenting matters that are unable to be resolved without the assistance of the Court or otherwise need urgent consideration by the Court will always involve at least two competing narratives about what has happened during and after the relationship. Agreed facts are a rarity in family law matters so the question then becomes […]
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Rolled Layered Paper

The Duty of Disclosure

In family law, to enable a just and fair outcome for property matters, parties are required to be transparent with information of all assets in liabilities, whether current, past or future. Providing accurate information allows the parties matter to progress in a prompt and financially considerate manner. The duty of disclosure is now codified in […]
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Colorful Triangles

Significant changes to Family Law Act – Part 3 – Changes to Children’s Contact Services, divorce, mediation, and general procedural matters

On 10 December 2024, the Family Law Amendment Act 2025 received Royal Assent and became law, changing significant aspects of the Family Law Act 1975, which is the governing legislation for family law matters.  The changes are far-reaching.  This is part 3 and the final part in a series of articles explaining those changes.  Part […]
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Wooden Bookcase

Significant Changes to the Family Law Act – Part 2 – Changes to How Evidence is Received in Matters including Subpoena Information and Arbitration

On 10 December 2024, the Family Law Amendment Act 2025 received Royal Assent and became Law, changing significant aspects of the Family Law Act 1975, which is the governing legislation for Family Law matters.  The changes are far-ranging.  This is Part 2 in a series of articles explaining those changes.  Part 1 which is related […]
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