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PART 5: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, October 29 2021

In the event a party does not disclose or file an undertaking or files a false undertaking, the Court may: ·        refuse to allow that party to use the information or document as evidence in their case; ·        stay or dismiss all or part of their case; ·        order costs against them;

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PART 4: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, October 18 2021

All parties in a matter must file an undertaking acknowledging that they have read and understood the Family Law Rules relating to their duty of disclosure and are aware of their duty to the Court and each other party to give full and frank disclosure of all information relevant to the issues in the matter in a timely manner.

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The new Federal Circuit and Family Court of Australia

Rachel Weatherly, September 3 2021

The new Federal Circuit and Family Court of Australia commenced on 1 September 2021 and the Federal Circuit and Family Court of Australia Act 2021 came into effect together with the new Rules of the Court. A new case management pathway has been established with the aim to ensure that 90 per cent of cases are resolved within 12 months of filing.

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PART 3: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, July 26 2021

In parenting matters parties must make full and frank disclosure of all information relevant to the issues of the matter, at all stages throughout the matter. The information and documents will be specific to each matter. Examples of documents to be disclosed may include medical reports about a child or parent, school reports, letters and drawings...

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PART 2: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, May 3 2021

The types of documents a party may be asked to provide by way of disclosure are: Disclosure must also be made about any property disposal (whether by sale, transfer, assignment or gift) in the year immediately before the separation of the parties or since separation. Our next article will discuss what disclosure looks like in parenting matters.

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PART 1: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, April 13 2021

All parties in a family law separation must provide to the other party by way of their duty of disclosure all information relevant to an issue in their case. This includes information that the other party may have no knowledge of. The duty of disclosure continues until the matter is finalised.

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The divorce and property settlement process

Rachel Weatherly, July 21 2020

We have found that people often confuse dividing property after separation with the Divorce process, they believe them to be one and the same. They are in fact two separate processes. You can attend to a family law property settlement immediately upon separation provided that the parties (or a party) believes there is no reasonable likelihood of re...

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Covid-19 Update

Rachel Weatherly, March 20 2020

Dear valued clients We understand there are many concerns around COVID-19 (Coronavirus) and wish to reassure you that the protection of our clients, staff and broader community is our highest priority. As part of precautionary measures to combat the spread of the COVID-19 public access to almost all floors in our building are restricted and access...

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PART 5: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, December 17 2019

The final step is to determine whether the outcome of any property division is fair and equitable to both parties. This will be assessed having regard to the circumstances of each party as outlined in Steps 2 and 3. Overall the main considerations of the Court when considering the division of assets are the contributions of the parties, their futur...

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PART 4: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, November 28 2019

The third step is to identify any factors which need to be taken into account having regard to the ongoing and future needs of each party. Future needs can cover a range of factors for which the parties in a relationship may face in unequal proportions. Factors can include – After considering these circumstances an adjustment may be made to the con...

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