News

02 Nov Filing of Family Dispute Resolution Certificates

Posted at 06:37h in News by Hey Family Law

Before filing a parenting proceeding, parties are required to obtain a certificate from a registered Family Dispute Resolution Practitioner (“FDRP”) before commencing a proceeding in the Federal Circuit and Family Court of Australia. However, there are limited circumstances in which a certificate will not need...

26 Oct Cost Orders Against Lawyers

Posted at 06:36h in News by Hey Family Law

A court may make a cost order that requires a legal practitioner to personally pay an order for costs. Cost orders against legal practitioners in family law can occur in circumstances where one party has incurred costs because of:- Failure to comply with the Rules; orFailure to...

18 Oct Pre-action Procedures Property

Posted at 06:35h in News by Hey Family Law

As a general rule, there is a requirement for parties to a financial family law dispute to make a genuine attempt to resolve the dispute before taking the step of commencing Court proceedings. Parties will generally be seen to be making a genuine attempt to...

Article – no general right to file Affidavits

13 Oct No general right to file Affidavits

Posted at 06:34h in News by Hey Family Law

The new Rules provide that as of 1 September 2021, there is no general right to file Affidavits. Rule 8.13 states that a party may file an Affidavit without the leave of the Court only if a provision of the Rules or an order of...

08 Oct Case Management Pathway

Posted at 06:34h in News by Hey Family Law

The new case management pathway is designed to progress matters through the Court as quickly and fairly as possible with the intention of having as little impact on the families and children as possible. Identifying risk and safety at the commencement of the case is focused...

06 Oct Pre-Court Disclosure and Undertaking as to Disclosure

Posted at 06:33h in News by Hey Family Law

It has always been the case that all parties to a proceeding have an obligation to make full and frank disclosure of all information relevant to the issues in dispute in a timely manner. However, it is now a requirement that each party discloses documents...

27 Sep Rule 12.05

Posted at 06:32h in News by Hey Family Law

Gone are the days where offers could be made and received in a vacuum in property matters. With the new Rules of the Family Law Courts coming into effect, each time an offer is made throughout a property settlement case, each lawyer must, in accordance...

20 Sep Family Reports

Posted at 06:31h in News by Hey Family Law

A Family Report is a document written by a family consultant (being qualified social workers or psychologists) who have been appointed by the Court in family law parenting matters. Although, parties are at liberty to obtain an expert’s opinion to assist with negotiations about parenting...

13 Sep Surrogacy in Queensland

Posted at 06:30h in News by Hey Family Law

Surrogacy laws differ in each State and Territory of Australia, but commercial surrogacy is illegal Australia-wide. If you have a medical or social need to enter into a surrogacy agreement, the agreement you enter must be altruistic. Altruistic surrogacy agreements are not legally enforceable and...

06 Sep I’ve told me partner that I want to Separate…. but what now?

Posted at 06:29h in News by Hey Family Law

Any separation is incredibly difficult, however, finalising parenting arrangements and property settlements do not always need to be drawn out and expensive. Once you have separated, the first task you should give yourself is to discuss the property and/or parenting arrangements with a lawyer to understand...