Blog post by Jeremy Gitsham

While it’s always advisable to avoid litigation in family law matters, in some circumstances there is no alternative. In these cases, the pathway to finalising a property settlement can be expensive and uncertain—and given the Family Law system is under immense pressure, it can take matters over two years to reach a final trial.

In an attempt to expedite matters where a property pool is relatively small, the Federal Circuit Court of Australia introduced Practice Direction No. 2 of 2020: Family Law (Priority Property Pools under $500,000) Financial Cases (‘PPP500’).

The purpose of the practice direction is to provide efficient and timely resolution of cases where the net asset pool is under, or thought to be under, $500,000, and where the cost of the application is reasonable and proportionate. (more…)

Blog post by Kate Bishop & Claudia Santin

The Lighthouse Project is a recently announced pilot program implemented by the Federal Circuit Court of Australia and the Family Court of Australia, aiming to improve outcomes for families experiencing family violence within the family law system.

The pilot program is designed to better match resources to risk, creating a more streamlined approach in the Courts’ dealings and assessment of matters where family violence exists.

The program applies exclusively to ‘parenting matters’. Trials of the program have commenced in the Brisbane, Adelaide and Parramatta Registries. (more…)

Blog post by Sam Lehman

Summer is around the corner and with it comes school holidays, Christmas, New Year and a deluge of last-minute court applications for parenting orders.

That’s right, it’s that time of year again—the time when the Family Court and Federal Circuit Court brace for an influx of family law applications relating to the summer school holiday period.

Whether it’s parents debating who gets the kids for Christmas or New Year’s Eve, or even who gets to take the kids for a holiday, too often parties leave it too late to seek court orders if these arrangements haven’t otherwise been agreed well in advance. (more…)

Blog post by Kate Bishop

The South Australian Surrogacy Act 2019 (SA) (“the new Act”) and its Regulations (2020) were introduced on 1 September 2020.

The new Act repeals the previous laws found in Part 2B of the Family Relationships Act 1975 (SA). The new Act continues to outlaw commercial surrogacy and regulates access to non-commercial surrogacy in South Australia. (more…)

Blog post by Jeremy Gitsham

Child support is often a contentious issue after a relationship breakdown, and while some parents seek to abscond from their obligations, the legislation provides that parents have a duty to maintain their children. This duty has priority over all commitments of the parent other than those of supporting themselves or any other child they are obliged to maintain. (more…)

Blog post by Sam Lehman

Too often, parties to family law disputes will leave it too late to seek legal advice as to where they stand. Stigma abounds, as many believe if you’re seeing a family lawyer then you’re on a one-way ticket to court.

This is often far from the truth.

Seeing a family lawyer early can be your best defence against ending up in a court—much in the same way as seeing a doctor early can be the best way to avoid ending up on an operating table. (more…)

Sally Savini is the newest member of Culshaw Miller Lawyers’ experienced Family Law team. As a Senior Associate, Sally has a wealth of Family Law experience including the following practice areas:

• • • Complex and simple property/financial matters;
• Care arrangements and welfare of children;
• Family and domestic violence/abuse;
• Spousal maintenance;
• Child Support;
• Exclusive occupation of the marital home;
• Financial Agreements;

Sally is a passionate advocate in financial and children’s matters and is committed to achieving the best possible outcome for her clients.

To make an appointment with Sally, don’t hesitate to contact us on (08) 9488 1300.

Online Applications for Restraining Orders have now been introduced in Western Australia.

“People seeking the protection of restraining orders have previously been required to visit a court registry to apply. Now it can be done online through registered legal services which provide family violence assistance.

These include Legal Aid WA, Aboriginal Family Law Services and community legal centres. Anybody can contact these agencies by phone, or in person, and be assisted with the lodgement of their restraining order application. People can still go directly to a court to lodge an application.

After the application has been lodged, the applicant will be given a time to attend a court hearing to seek an interim order.”

 

Media Statement: Victims of violence able to apply for restraining orders online

 

Resources:

Legal Aid WA

Aboriginal Legal Service WA

Community Legal Centres WA