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An overview of the Family Violence Amendments on its First Birthday


Friday, 24 May 2013

On 7 June 2012, significant changes were made to the Family Law Act with respects to definitions of family violence. The changes have now been in place for a little under one year, with the amendments providing a greater understanding to parents as to what behaviour is unacceptable in the eyes of the Family Law Courts and otherwise what constitutes family violence in a relationship.

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Unhelpful Affidavits and Interim Hearings - Part 1


Tuesday, 21 May 2013

At an interim hearing for urgent parenting orders, the importance of being able to rely upon one comprehensive and coherent affidavit by the party being represented can mean the difference between success and failure.

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Prenuptial / Binding Financial Agreements


Tuesday, 12 February 2013

News.com.au ran an article on 19 January 2013 titled "Mining's new rich seek prenups to protect assets".

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Realistic, Sensible & Practical Advice - What More Could You Hope for in a Family Lawyer?

Tuesday, 4 February 2013

The team at Wiltshire Lawyers pride ourselves on being realists and providing our clients with the honest truth. Whilst the famous movie quote provides "Truth, you can't handle the truth!", we are not in the business of leading our clients "up the garden path".

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Family Law Litigation – is it really a level playing field?


Monday, 12 November 2012

The above is an interesting question to answer.

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Parental Responsibility – Child with Special Needs


Thursday, 8 November 2012

Parental Responsibility – Extended Definition

In determining the scope of Parental Responsibly for a child with special needs, parents have additional significant responsibilities to consider.

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Wiltshire Lawyers Mini Golf Invitational & Cocktail Party


Monday, 15 October 2012

Join us at Parkwood International for our mini golf charity event on Friday, 2 November 2012!  All funds raised will be going to the Gold Coast Hospital Foundation Children’s Ward.

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Can the Court make Orders relating to an unborn child?


Wednesday, 3 October 2012

In the recent case of Talbot & Norman [2012] FamCA 96 Justice Murphy stated that the Court had no jurisdiction to make the orders sought by the Applicant and that there was, in any event, no evidence justifying the making of any such order.

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Parentage: A Matter of Science Not Law


Thursday, 20 September 2012

Pursuant to section 69W of the Family Law Act 1975, a person believed likely to be the father of a child may be required to undergo an approved parentage DNA testing procedure to be carried out by a certified testing agency.

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Ink-on-the-Tuxedo Agreement Held to be Binding


Friday, 14 September 2012

The writer has previously discussed the findings of Justice Murphy in the matter of Hoult in a previous article (Why the Long Face about Binding Financial Agreements?).

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The Italian Sisters “Still Call Australia Home” Temporarily - Update


Wednesday, 5 September 2012

Earlier this year, I wrote about the unanimous decision of the Full Court to dismiss an appeal made by an Australia mother that she be ordered to return her four daughters to Italy, pursuant to Australia’s obligations as a signatory to the Hague Convention.

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Family Law & Social Media - A few handy hints


Tuesday, 4 September 2012

In recent weeks, we have heard a lot about "cyber trolls" and the negative and abusive comments targeting users of social media sites such as twitter and facebook.  It seemed timely to now provide some comment on how social media can play a part in family law matters.

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Domestic Violence Protection Orders: The 2012 Reforms


Tuesday, 28 August 2012

The Domestic and Family Violence Protection Act (Qld) 2012 was assented to on 17 February 2012 and commences on 17 September 2012.

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Rio Tinto Ride to Conquer Cancer Cocktail Party


Wednesday, 11 July 2012

The Rio Tinto Ride to Conquer Cancer benefiting the Queensland Institute of Medical Research (QIMR) is a chance to discover what it means to make an effort for our community.

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Adult Child Maintenance – Are you Liable?


Wednesday, 6 June 2012

After a child turns 18 years of age, the question of what level of financial support is to be provided to them, by their parents, is no longer covered by the provisions of the child support legislation. Conversely, adult child maintenance falls under the Family Law Act 1975 (hereinafter “the Act”).

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When the Property Pool is Negative


Wednesday, 6 June 2012

When upon separation a close examination of the parties’ property reveals that the true values of liabilities exceed those of assets, a negative property pool results.

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Not Just Enforceable, but also Practical and Correct


Thursday, 31 May 2012

My colleague, Mr Mallet, recently wrote an article concerning the enforceability of Orders made.

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Australian Mother Ordered to Return her Four Children to Italy


Tuesday, 22 May 2012

There has been extensive media focus on a recent decision by Justices Bryant CJ, Faulks DCJ and Coleman J in Garning & Director-General, Department of Communities (Child Safety Services) [2012][1] on 9 March 2012.

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Issues between parents regarding the Immunisation of a child


Monday, 14 May 2012

In the case of Redden & Mains [2010] FMCAfam 1338 (9 December 2010) this issue was addressed.  From the earliest orders relating to the parenting of the children in the matter, there had been an important, but often overlooked, order in place preventing the children from being immunised. It was the father’s evidence that he only consented to the Injunction to immunisation so he could begin spending time with his daughter.

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Why the Long Face about Binding Financial Agreements?


Friday, 11 May 2012

There has been recent debate amongst Family Lawyers about the perils, or otherwise, of preparing so called “Binding” Financial Agreements for clients and, more particularly, those made prior to the commencement of a de facto relationship or marriage - the Australian version of the American “pre-nup”.

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Same Sex Couples - Civil Partnerships v Marriage


Friday, 11 May 2012

The Civil Partnerships Act 2011 Qld (“The Act”) was passed by the Queensland Parliament in late 2011 and now a couple, regardless of sex, are able to enter into a civil partnership that is recognised as a relationship.

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Corporate Ladies Lunch - Little Truffle Dining Room & Bar


Tuesday, 1 May 2012

Ladies Lunch this Friday!  There are only a limited number of seats available at this wonderful venue so please purchase your tickets to avoid disappointment.

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Termination of pregnancy – A mother or a father’s choice? The Court decides


Wednesday, 4 April 2012

In the recent case of Talbot & Norman [2012] FamCA 96, the Honourable Justice Murphy ruled that the Family Court does not have the power to order that a mother not terminate her unborn child and carry her pregnancy to term, at the request of the father.

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Family Trusts: Still useful in protecting businesses or assets from relationship breakdowns?

Tuesday, 3 April 2011

A recent decision of the Full Family Court in Brisbane (Harris & Harris [2011] FamCAFC 245) has been food for thought for those who have used discretionary family trusts as part of their estate planning or business structuring.
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Pets – Property, Parenting or Neither?


Thursday, 29 March 2012

In the recent case of Hunter & Hunter [2012] FamCA 49, Justice Forrest reminded us all that there is no specific provision in the Family Law Act 1975, whether in Part VII (the parenting provisions) or Parts VIII and VIIIAB (the family law and de facto property provisions respectively), for animals.

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Latest Wiltshire News

An overview of the Family Violence Amendments on its First Birthday


Friday, 24 May 2013

On 7 June 2012, significant changes were made to the Family Law Act with respects to definitions of family violence. The changes have now been in place for a little under one year, with the amendments providing a greater understanding to parents as to what behaviour is unacceptable in the eyes of the Family Law Courts and otherwise what constitutes family violence in a relationship.

Readmore
Unhelpful Affidavits and Interim Hearings - Part 1


Tuesday, 21 May 2013

At an interim hearing for urgent parenting orders, the importance of being able to rely upon one comprehensive and coherent affidavit by the party being represented can mean the difference between success and failure.

Readmore