Arbitration in family property proceedings: exploring the potential

New arbitration rules commence at the beginning of April, creating a comprehensive framework for the resolution of property disputes under the Family Law Act. By…

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Better practice in the Family Provision List

Earlier this year, Justice Hallen delivered a tutorial to practitioners on practice in the Family Provision List, entitled Current Issues from the Perspective of the…

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Institutional responses to child sexual abuse: the latest on the proposed redress scheme

The Royal Commission into Institutional Responses to Child Sexual Abuse’s recommendations are relevant to practitioners advising clients who may be either survivors of abuse, or…

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Tougher NSW child protection laws set to better reflect community expectations

A raft of changes to NSW child protection laws will come into effect on 2 November under the Child Protection Legislation Amendment Act 2015. By…

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No presumptions, no assumptions: ‘just and equitable’ principles in family property disputes

Since the High Court’s seminal decision in Stanford nearly three years ago, family law jurisprudence has seen ‘just and equitable’ principles applied in various ways. By IAN…

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Protecting against the other party’s actions in family law proceedings

Protect yourself against a client’s anger towards their ex-partner – it can lead to the client looking for someone to blame and a subsequent negligence…

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The notion of special skills belongs in the past

The concept of special skills no longer has a place in accepted law. The contribution of a homemaker parent is no less valuable than that…

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Technology-facilitated stalking and abuse: putting our legal framework to the test

Technology-assisted stalking and abuse is a form of domestic violence (DV) that is rapidly on the rise. By CHARISSA SUN.

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Domestic violence: evidence-in-chief reforms commence

The Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 amends the Criminal Procedure Act 1986 to allow video or audio recorded statements taken from a domestic violence complainant to…

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The risky business of advising on pre-nuptial agreements

Prenuptial agreements are a high risk area for lawyers if detailed advice is not provided. By SIMONE HERBERT-LOWE.  

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