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When you have problems getting a child’s passport issued

Usually when you are planning a trip overseas with your children, there is no problem in having both parents sign a child’s passport application.  But what happens when you are divorced and the other...

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Some legal considerations when moving in together

Some legal considerations when moving in together Becoming part of a couple and moving in together can trigger unexpected legal and financial consequences. Generally, financial motivation is not the...

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Considering a Child Maintenance Trust?

Following the breakdown of a relationship, parents discussing child support can consider an arrangement to make child support money go further by establishing a Child Maintenance Trust. In most family...

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Binding Financial Agreements under duress in the High Court

In early August this year the High Court of Australia is to hear an important case about the validity of property settlement agreements in Family Law. These agreements are referred to by lawyers as...

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Parenting Orders – Does it matter what the children want?

In March of this year the High Court of Australia was asked to consider an interesting and rather unusual case concerned with how a court considers the wishes of children when deciding parenting...

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Justice Michelle May retires from the Family Court of Australia

In July 2017, Justice Michelle May is retiring as a judge of the Family Court of Australia, Appeal Division. Born in England and raised in Brisbane, Justice May attended primary school in Coorparoo and...

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Further changes to Domestic Violence laws from May 2017

Greater police protection –police protection notices are expanded to enable police to better protect a victim and their children, relatives and associates. More tailored domestic violence orders –From...

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The Child Support Agency can do more than just collect child support

Spousal maintenance is often an important issue for spouses after separation.  The level of financial support provided by one spouse to the other can affect not only the spouse in need but the children...

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Creaking at the seams – Australia’s Family Law system under review

Any person unfortunate enough to be caught up in the family law process will tell you how painfully slow the system can be. Lack of resources, too many litigants and more rules and regulations than you...

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Another good reason to settle financial matters quickly after separation

When a marriage ends and parties obtain legal advice about their rights and entitlements, especially about financial matters, they are often advised to finalise financial matters formally as soon as...

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Financial Agreements post Thorne and Kennedy

In the wake of the recent High Court decision of Thorne and Kennedy [2017] HCA 49 much attention has been focused in Family Law circles about the continued use of Financial Agreements to resolve...

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Repayment of child support after Federal Circuit Court finds the applicant is...

In Hallis & Fielder, Judge Brown heard applications for a declaration that the Mr Hallis should not pay child support because he was not the child’s father and to recover child support previously...

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Same-sex couples who wed overseas before Australia’s same-sex marriage...

Overseas marriages of same sex couples were recognised from 9 December 2017 under Australian law. But the fate of any estate plans drawn up following those marriages and before the Australian...

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Appointment of Justice Michael Baumann to the Family Court

Bell Legal Group congratulates Justice Michael Baumann, a former partner of this firm, on his appointment on 14 December 2017 as a judge of the Family Court following a distinguished role as a judge of...

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Amending final parenting orders where indefinite supervision

There is a long standing principle in Family Law matters that there should be an end to litigation. Orders are described as final. In parenting matters the idea that such orders shouldn’t be overturned...

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Family Provision Applications and Children of De Facto Partners

A recent Queensland case looks to be the first to use new legislation to bring a family provision application by using the extended definition of ‘stepchild’ as a person eligible to make an...

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February 2018 –“The Law and You”

Every week John Fradgley 0f Bell Legal Group presents a radio phone in show The Law and You on Gold Coast local radio station 4CRB.     See the subjects discussed by John and listen to the shows from...

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Family Law legal costs

Family law legal costs in the firing line (again)! After hearing a Family Court property settlement / parenting case in Sydney recently*, Justice Benjamin referred two solicitors to the Legal Services...

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March 2018 “The Law and You”

Every week John Fradgley 0f Bell Legal Group presents a radio phone in show ‘The Law and You’ on Gold Coast local radio station 4CRB. See the subjects discussed by John and listen to the shows from...

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Why do I need a solicitor to make a will? Problems with home made wills.

What do the courts think of ‘home made’ wills? People considering making home made wills often ask ‘Why do I need to see a solicitor to make a will? Can’t I do it myself or just use a Will Kit?” The...

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