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Coping with Christmas – timely tips for separated mums and dads

27 November 2018

For most of us, Christmas is a happy time, a time when families and friends get together to swap presents and stories, share meals and homes and generally enjoy each other’s company. However, for families where parents are separated or divorced, Christmas can be a time of sadness, disappointment and disagreement and caught in the [...]

We’re separated but can we still run a business together?

5 October 2018

When finalising a property division, the Family Law Act is quite clear, that there should be finality. This means a ‘clean (financial) break’ between spouses with no ongoing financial connection. But what if there is co-operation and a jointly run business? The logic of final financial severance is that it avoids likely complications arising later [...]

Getting a second opinion

17 October 2016

Family Law is a complex and ever changing area of law. All of the lawyers at Michael Lynch Family Lawyers practice solely in Family and Relationship Law, we are often requested to provide a second opinion on legal advice people have received elsewhere. We are happy to assist in providing this Specialist assistance. To make [...]

Launch of New Legal Resource

18 September 2016

A new online DV resource has been provided to Judges across the country. The Australasian Institute of Judicial Administration (AIJA) has launched, the first stage of the National Domestic and Family Violence Bench Book. The release of stage two is anticipated in June 2017. The development of the resource was in consultation with Judicial Officers, [...]

Consenting ‘Without Admission’ – What Does That Mean?

23 August 2016

Agreeing to a Domestic Violence Order (DVO) being made 'without admission' is often considered the quickest and easiest solution when faced with a domestic violence application, especially in circumstances where the respondent does not wish to defend the action and agreeing to the order will not affect their livelihood (e.g. they don’t require a "weapons [...]

Disclosure – “But What if I’m Only a Discretionary Beneficiary?”

23 August 2016

In a property division under the Family Law Act each spouse has a duty to make 'full and frank disclosure' of all documents relevant to the case within their "possession or control". A recent case has considered whether a husband failed to disclose Trust documents when he was only a beneficiary to a discretionary trust. [...]

Life Expectancy & Property Division

23 August 2016

A person’s life expectancy can be taken into account in determining a property division. It could be considered in terms of the 'percentage division' when looking at the 'future needs' component for each spouse. An appeal was recently granted where the trial judge had made the finding that the husband's 'future needs' in the context [...]

Family Violence Statistics

23 August 2016

In the last 12 months the media and the broader community has had an increased focus on the problem of family violence. Here are some statistics that clarify the seriousness of the problem in Australia. one in four women (23%) has experienced family violence (ABS) one in three women (34%) has experienced family violence  by [...]

Changing a Parenting Court Order

9 August 2016

A person wishing to change an existing parenting order, should give careful consideration to the reasons why they are doing so.  They must be careful that they are not seeking to re-agitate old arguments which existed at the time of making the previous parenting order.  A 'significant change in circumstances' is required to be established [...]

Obtaining a Passport Without Consent

9 August 2016

Both parents are required to sign an application for a child's passport to issue, unless one parent has sole parental responsibility.  A recent case considered an application to dispense with a parent's consent to obtain a passport. Facts The 15 year old child wished to travel overseas on a school trip, which required the child [...]