Choice of School – Ask the child

Thursday, 12 October, 2023

Choosing a child's school is a parenting matter under the Family Law Act

Secret Recordings in Parenting Matters

Wednesday, 7 June, 2023

The Commonwealth Evidence Act provides that illegally obtained secret recordings are not admissible in Family Law cases unless the benefit of the evidence outweighs the undesirability of admitting illegally obtained evidence.

Informal Property Settlement Agreements

Tuesday, 9 May, 2023

The fact that parties enter into an informal arrangement to divide their property does not preclude either party from applying for orders for property settlement under the provisions of the Family Law Act

Family Law Watchlist

Friday, 6 January, 2023

The Australian Federal Police maintains the Family Law Watchlist for family law matters. It identifies whether children are leaving Australia, and your child may appear on the Watchlist in circumstances where the Court has issued a parenting order limiting or preventing the child's overseas travel, issued an injunction limiting or preventing the child's overseas travel, the child is the subject of a parenting order application currently before the Court that may limit or prevent overseas travel, the child is the subject of an application for an order to place the child on the Family Law Watchlist or the child is the subject of a parenting order or injunction under appeal.

Child support and Foreign Income

Thursday, 22 December, 2022

Foreign income can be captured as Target Foreign Income pursuant to Section 43 of the Child Support (Assessment) Act 1989 and Section 10A of the Social Security Act 1991. Target Foreign Income is the total of the amount of the parent’s foreign income as defined in Section 10A of the Social Security Act 1991 that is neither taxable income or received as a fringe benefit as defined by the Fringe Benefit Tax Assessment Act 1986 and any other amount of the parent’s income that is exempt from tax under Sections 23AF and Sections 23AG of the Income Tax Assessment Act 1936 less the amount of losses and outgoings incurred. This component of your income will only become known to the Child Support Registrar if it appears in your taxation return, meaning you have declared it voluntarily. It is also possible that this income may be ascertained upon any application made for a variation of child support assessment by the payee.

Compliance with Pre-Action Procedures

Monday, 21 November, 2022

All parties are required to comply with the Pre-Action Procedures for both financial and parenting matters as set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.