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Recent Family Law Case Updates

Please click on the links below to view Family Law case updates: Case Update # 1: Spousal Maintenance, Silver & Woden [2015] FamCA 6 Case Update # 2: Property, Sitwell & Sitwell [2014] FamCAFC 5 Case Update #3: Hoffman & … Continue reading

Caroline Counsel quoted by Lawyers Weekly

Caroline Counsel has been quoted by Lawyers Weekly in relation to the same sex marriage “Yes” result and the proposed Bills to be introduced before the Parliament on 16 November 2017. The article reads as follows: Caroline Counsel, a family … Continue reading

The Vote is in on Same Sex Marriage – It’s a “Yes”

At 10:00am on 15 November 2017, the result of the Same Sex Marriage Postal Survey was announced.  As predicted a “Yes” vote was returned with a majority of 61.6% in favour of same sex marriage.  Victorian’s voted 64.9% in favour … Continue reading

Caroline Counsel speaks with Jon Faine on ABC 774

Caroline Counsel appeared on the Jon Faine program today on ABC 774 discussing the High Court decision of Thorne v Kennedy (handed down 8 November 2017) and the implications of Financial Agreements not entered into in good faith, unconscionable conduct … Continue reading

The High Court determines the matter of Thorne & Kennedy [2017] HCA 49  

Thorne v Kennedy 2017 HCA 49 The full Court of the High Court has handed down a decision in the matter of Thorne v Kennedy [2017] HCA 49 on 8 November 2017.  The Court has determined the issue of undue … Continue reading

Can I move into a new suburb with the children without my former partner’s consent?

We understand that arguments can arise between separated parents when one parent decides to move away from the family home and into a new suburb that might be more inconvenient for the other parent to get to or further from … Continue reading

COMPANY DEBTS and DIVORCE: WHO’S RESPONSIBLE?

PART TWO: WHEN SOME OF YOUR ASSETS ARE OWNED BY A COMPANY Caroline Counsel Family Lawyers frequently advises clients who have placed some of their assets or a share of an asset into a company rather than owning these assets … Continue reading

Can I Get More Money if My Former Partner Lies to Me or the Family Court?

Many family law clients believe their former partner has lied and incorrectly think even after a property settlement has been entered into, if they can prove their former partner has lied, they can get more money or assets.  Each case … Continue reading

What if I continued living with my ex after separation? Can I still get divorced?

In order to apply for a divorce, you must meet a number of eligibility requirements.  The first requirement is that there must be an irretrievable break down of marriage evidenced by 12 months’ separation before you can make an application … Continue reading

Caroline Counsel appears on ABC Jon Faine program with Professor Patrick Parkinson and former Chief Justice Alistair Nicholson and NewsRadio Sydney to discuss the Federal Government’s announcement for a review of the Family Law System

At present 70% of families resolve their matters with the help of counsellors and family lawyers without ever having to step foot inside a court room.  Of the 30% who issue proceedings, between 3% and 5% require a final hearing.  … Continue reading

Proposed amendments to the Family Law Act for victims of Family Violence  

  The Federal Government is currently in the process of amending the Family Law Act to protect victims of Family Violence from being cross examined by their abusers. The proposed legislation will prevent a perpetrator of family violence from directly … Continue reading