Family Law, Employment and Companies

“ See below for Appendix – The Family court of Western Australia Community legal centres ”

“ 101 Family Law Answers 101 Subpoena Answers ”

“ Taking comprehensive instructions The use of the precedent Retainer Instructions ensures that all important issues are considered, instruction which cannot be contradicted later recorded, costs discussed, and the scope of the retainer clearly defined. ”

“ When first meeting with a client, it is important to obtain relevant information to assist in advising them of their options. Print the Retainer Instructions – Property Settlement from the matter plan to complete during the conference. It cannot be emphasised too strongly the importance of getting ... ”

“ De facto Section 44(5) and (6) of the Family Law Act ”

“ This table is a guide only and should only be used with the commentary. For example, the table indicates that it is unusual for the court to make an adjustment for differing earning capacity in a short marriage where the marriage has had no impact on earning capacity; however circumstances may ... ”

“ Before undertaking what is commonly referred to as ‘the four step process’ practitioners need to consider what the High Court in Stanford v Stanford [2012] HCA 52 identified as the preliminary question. That is, they need to determine whether, considering the current legal title to the existing ... ”

“ The inclination to look at the division of the property as a percentage split based on applying percentages to individual contributions and then tallying them up is one that can produce inappropriate results. The court will not treat division of the asset pool as a mathematical exercise. Looking ... ”

“ Many practitioners have failed to appreciate that the Family Court’s pre-action procedures for disclosure, Schedule 1 to the Family Law Rules, provide for compliance ‘as far as it is practicable’ and that parties should ‘take a sensible and responsible approach’ to them. Unfortunately, many ... ”

“ Some clients will have agreed upon division of their property before one of the parties comes to see the lawyer, whose role is then to document their agreement in an enforceable form and carry out the required transfers of property. This is usually by way of consent orders filed in the closest ... ”

“ Genuine offers of settlement The rules require a genuine offer of settlement to be made prior to instituting proceedings. This is a reflection of the court’s understanding of the destructive nature of the adversarial system which encourages parties to seek as much as they can rather than a just and ... ”

“ Section 79A, s 90SN for de facto couples, of the Family Law Act 1975 addresses two circumstances in which a property order can be set aside or altered: (1) With the consent of all the parties who were party to the original orders ”

“ Unless the matter falls within one of the legislated exceptions, parties need to comply with pre-action procedures. Though the pre-action procedures are not compulsory in the Federal Circuit Court, it is considered best practice to follow them. Rule 1.05 of the Family Law Rules requires prospective ... ”

“ Both parties are also required to file a Genuine Steps Certificate in the prescribed form, certifying that they have complied with the pre-action procedures and made a genuine attempt to resolve the dispute. This certificate must be filed with the Initiating Application or Response to Initiating ... ”

“ The Family Law Act includes superannuation as property of the marriage. The Act provides for the making of orders or entering into a financial agreement splitting superannuation interests and for a mechanism for the valuation of superannuation interests. Common categories of superannuation and ... ”

“ The clean break principle Section 81 of the Family Law Act provides: ”

“ Proceedings must be commenced in the Federal Circuit and Family Court (Division 2): see s 50 of the Federal Circuit and Family Court of Australia Act. A triage is performed by the court on application to allocate the matter to the appropriate division and list. ”

“ The Rules require the parties to make a genuine effort to settle the dispute. The court itself will always encourage and allow time for the parties to pursue settlement discussions. The court is interventionist and proactive in settlement. If there is a possibility of settlement at a directions ... ”

“ All financial matters in the Federal Circuit and Family Court (FCFCOA) are subject to case management as set out in the Rules. The court’s case management system is divided into three phases: ”

“ To commence proceedings, pre-action procedures including full and frank disclosure will already have been completed. Filing ”

“ Most family law documents can be electronically filed through the Commonwealth Courts Portal. This service is available 24 hours a day. See the Appendix for eFiling in Western Australia. The portal also provides registered users with access to information about cases that are before the courts ... ”

“ Types of service Service in family law matters is addressed in Part 2.6 of the Family Law Rules 2021. There are three types of service, which are set out in Table 2.2 of r 2.28. ”

“ The First Court Event is a directions gearing before a Judicial Registrar. It should occur less than 2 months after filing. Refer to paragraphs 5.6 to 5.14 of the Central Practice Direction – Family Law Case Management. Before the First Court Event ”

“ The court is committed to resolving disputes as efficiently as possible. Within 5 months of the commencement of a proceeding, the court will require parties to participate in dispute resolution. Where the court is satisfied that the means and resources of the parties result in it being appropriate ... ”

“ Section 79(9) and s 90SM(9) of the Family Law Act provide that the court shall not make an order in a property settlement proceedings, other than an interim order or a consent order, unless the parties have attended a conference with a registrar or deputy registrar, that is, a conciliation ... ”

“ The court may refer a matter to the fast track hearing list at any point prior to the allocation of a final hearing date. Suitability for the fast track hearing list will be determined by considering whether: the parties have been unable to resolve the matter despite making a genuine effort to do ... ”

“ For cases which are not listed for a fast track hearing the first event after dispute resolution is usually a compliance and readiness hearing before a Judge or Senior Judicial Registrar. See paragraphs 5.51 to 5.57 of the Central Practice Direction – Family Law Case Management. Paragraph 5.54 ... ”

“ A court book is an indexed collection of documents that the parties will rely on during the hearing. A court book ordinarily includes all originating process, pleadings and evidence, and leaves out any irrelevant documents, even if they were disclosed in the proceedings. Whilst there is no ... ”

“ Orders for discovery are allowed pursuant to s 176 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) if declared appropriate by the court. If disclosure is sought, precede the application with a detailed letter to the other side setting out the documents sought and their relevance ... ”

“ The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases. The court has described such usage as ‘quite common’, ‘widespread’ and said that ‘in the vast majority of cases it is ... ”

“ Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial, and conversely sometimes very damaging, evidence for parties. Whilst this form of evidence is predominately ... ”

“ Apply to the registry at the earliest opportunity after notifying the other side. Both parties must attend the hearing. The court will only vacate the date in exceptional circumstances unless the matter has resolved, and consent orders can be made or agreement on discontinuance has been reached. ”

“ Non-compliance will result in the matter being listed in the Defaulters List before the case management judge or a registrar who can make orders provided for in r 1.33 including: ”

“ Section 79(8) of the Family Law Act provides that proceedings may be continued by the legal personal representative of the deceased party. Similar provisions apply to s 79A proceedings, de facto property proceedings, proceedings to set aside de facto property settlement orders and proceedings to ... ”

“ There is a general principle in family law matters that each party pay their own costs: s 117(1) Family Law Act. For this reason, costs orders for the whole of proceedings are rare. Even where a party has made an offer and the final orders are more favourable to that party than the offer, the ... ”