The Family Flyer is a free community service by Michael Lynch Family Lawyers. The publication is designed to be informative and topical and to assist you in understanding the ever-changing field of Family Law.
This edition includes:
We are pleased to announce the recent appointment of Elizabeth Millar as a Solicitor at our office.
Elizabeth specialises in all aspects of Family Law.
Separated parents need to finalise arrangements as to where their children will be spending Christmas as soon as possible.
The Family Court has set a deadline of November 11 for the filing of Applications to settle contact and residence issues for children over the Christmas school holiday period.
Bankruptcy Law Changes
From mid-September, the Family Court is now able to determine Family Law cases and Bankruptcy cases, together.
Some of the changes include:
Registered Marriages continue to rise
The number of marriages in Australia is increasing.
Recent data (ABS) shows that, in 2001 there were 103,000 marriages, in 2003 there were 106,400 and in 2004 there were 111,000.
The average marriage age has also gone up, in 1984 for men it was 27 years and for women it was 24 years, in 2004 for men it was 32 years and for women it was 29 years.
Of the couples marrying in 2004, 76% had lived together prior to their marriage, this compares to 69% of couples in 1999.
Caveats in Property Settlement Disputes
A caveat is a document that can be lodged with the Titles Office and prevents any dealing in the ownership of that real estate until the caveat is lifted.
In many family and defacto relationship property settlement disputes caveats are often considered as a way of preserving property, where one member is the sole registered proprietor of the real estate.
To be able to lodge a Caveat someone must have a "caveatable interest". A claim for property settlement in a marriage or defacto relationship is not a caveatable interest.
Lodging a caveat inappropriately can have serious cost consequences.
Anyone who is thinking of lodging a caveat should get Specialist Family Law advice. For further assistance telephone us on (07) 3221 4300 or visit us at www.michaellynchfamilylawyers.com.au.
The Family Law Rules provide that the Family Court is able to provide a simplified process for the determination of matters that are considered "small claims".
In property cases there is no Conciliation Conference or Discovery, nor any Affidavits of Evidence in Chief at the Final Hearing.
In children's cases there is no Family Report done. These matters proceed on the basis that, at the Hearing of the matter:
The type of cases that may be classified as small claims, may include:
What age is the right age to listen to a child's wishes?
The Federal Magistrates Court recently determined residence for an 8 year old girl in accordance with her wishes.
The facts were:
The Court found:
The Court held that:
The Court Ordered that the child live with the Mother and that the Father have contact 2 out of 3 weekends.
Michael Lynch Family Lawyers
* Queensland Law Society
Accredited Family Law Specialists
Telephone: 07 3221 4300
Facsimile: 07 3221 9454
Address: Level 6
193 North Quay
Brisbane Qld 4000
Post: PO Box 12027
George St, Brisbane Qld 4003
This document contains general comments only and should not be relied upon as specific legal advice. Readers should contact this Office for detailed information or advice on any topic in this document. Changes to the law occur regularly, no responsibility for any loss or damage caused to any person acting in reliance on this document shall be accepted by the Principal of this Office. No part of this document may be included on any document, circular or statement without our written approval.
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