It is not uncommon for a Family Violence Intervention Order to be made before, during or after parenting proceedings. The purpose of this article is to explain the difference between a Family Violence Intervention Order and a Parenting Order and how the Courts deals with inconsistency between the two orders under the Family Law Act […]
This article provides general information on what the Federal Circuit and Family Court of Australia (‘the court’) considers when determining if it is appropriate to reopen the parties’ court matter to vary final parenting orders. Rice v Asplund (1979) Prior to the commencement of section 65DAAA of the Family Law Act 1975 (Cth), the court […]
Many people assume that once a relationship ends, one person must move out before they can apply for a divorce. However, it is not uncommon for spouses to separate but continue to live together for a period before beginning to live separately. This is commonly referred to in Australian Family Law as ‘separation under one […]
Artificial Intelligence (AI) platforms such as ChatGPT and Microsoft Co-pilot are becoming increasingly popular tools for simplifying legal concepts, summarising documents and increasing efficiency and accessibility to legal processes. However, there are some important risks to using AI in legal proceedings that all court users should be aware of. Recognising these risks, the Federal Circuit […]
My solicitors sent a letter with the wording “Without Prejudice”, but what does it mean? “Without Prejudice” rule “Without prejudice” is a legal privilege that is used to protect communications between parties when exchanging genuine offers of settlement, preventing such offers from being used as evidence in court. This allows parties to negotiate freely without […]
Hartleys Lawyers are celebrating 25 years of law! In 2001 the late Peter Hartley Love established Hartleys Lawyers in Deer Park, Melbourne. Peter was dedicated to providing access to quality legal representation in the Western Suburbs of Melbourne. These days, Hartleys Lawyers service clients, not just in the Western Suburbs, but all across Melbourne, Victoria, […]
If your child has been wrongfully removed or retained from their home country, you may be able to make an application to seek the return of your child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (‘Hague Convention’). What is the Hague Convention? The Hague Convention is an international treaty […]
Navigating through the courts can be overwhelming. This article is designed to be a helpful guide to summarise the main hearing types that your Family Law matter might be listed for in the Federal Circuit and Family Court of Australia. First Return Hearing In family law proceedings, once your matter goes to Court, the first […]
Relocating with your child — or responding to a former partner’s plans to move — is one of the more emotionally and legally complex issues in family law. Relocation issues touch on the most sensitive parts of family life: children’s safety and wellbeing, meaningful relationships, logistics, emotions and change. If you are thinking of moving […]
What is an Independent Children’s Lawyer? (ICL) An Independent Children’s Lawyer (“ICL”) is an impartial lawyer that is appointed in parenting proceedings to represent a child’s best interests. The appointment of an ICL is under section 68L of the Family Law Act 1975 (“the Act”). Section 68LA the Act sets the role of an ICL […]
The breakdown of a relationship between partners, family members, friends or neighbours can result in volatile disputes. These disputes can sometimes lead to intimidation, or to threats or actual use of violence to a person or a child. If this happens, one person may seek the help of Victoria Police or the Court and apply […]
On 10 June 2025, the Family Law Amendment Act 2024 came into effect. The amendments updated how property, finances and pets are handled after a separation. This article aims to outline some of the changes and detail how the amendments impact potential litigants. The key changes are as follows: The property division decision process New […]