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Family Court Appearances
Family Court Appearances
Our family lawyers regularly appear in the Family Court of Australia either when separating parties cannot reach an agreement over child custody, property settlement or spousal maintenance.
The Family Court is a specialist court that deals with cases arising out of family law, involving matrimonial causes and proceedings in relation to a child. Typical types of cases it hears include divorce proceedings, nullity or validity of marriage, divorce or annulment proceedings, maintenance agreements and proceedings concerning children.
There are also a range of dispute resolution procedures that are held within the Court. In many instances, parties will be required to undertake “pre-action” procedures, such as meetings with family counsellors or arbitration sessions, before going to court. The purpose of this is to try to get parties to resolve issues without the stress and cost of going to court.
If you are seeking representation in the Family Court, you should contact Watson & Watson Family Lawyers as soon as possible to discuss your case. Call us now on 02 9221 6121.
Sydney Duty Lists
To download the Sydney Duty Lists document in PDF format, click here or on the link below.
Our Experience with the Family Court of Australia
Due to the sensitive nature of cases heard, the operation of the Family Court is unique. There is a requirement that the court proceedings shall be informal, and there is assistance provided to all parties involved. By acting on behalf of clients in court everyday, Watson & Watson Family Lawyers are well trained in the procedures of the Court.
We can guide you through the various stages of your case, from negotiating on your behalf in pre-action procedures to advocating for you in court. Although many clients are wary of going to court, we have found that in many cases (but not all) this can help to bring negotiations to a head, enabling swift dispute resolution. We can act on your behalf in all types of family law matters, including child custody and access disputes, property settlements, and child maintenance issues.
We are very much abreast of the recent changes to the Family Law Rules, which have been put in place to encourage openness and swiftness in family law matters. We aim to obtain full disclosure of the opposing party’s assets as early as possible, in order to follow the best course of action for your matter.
Let us apply our skill and expertise to your case, and achieve the best outcome for you. Call Watson & Watson's family lawyers today on 02 9221 6121.
Related Cases & Articles
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24/11/2021Watson & Watson Lawyers have discussed in other articles on this website the significant delays that occur in the Family Court of Australia and Federal Circuit Court of Australia. The time from the commencement of a case to the date when the case is heard by a Judge of Court can be 2 to 3 years. This has caused parties to look to other alternative methods of dispute resolution such as Mediation and Arbitration which we have discussed on the Watson & Watson website.Read more...
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23/03/2021What is an Appeal? An Appeal is a procedure which enables a party to Court proceedings to challenge a Decision made by a Court. Appeals can be made in relation to the Decisions of a Judge of the Family Court of Australia or a Judge of the Federal Circuit Court of Australia. Which Court will hear the Appeal will differ depending on what Court made the Decision or made the Order that is challenged.Read more...
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04/08/2020Alternative methods of resolving Family Law disputes such as Mediation and Collaborative Practice are discussed on the Watson & Watson website. Arbitration is another alternative to pursuing a case in the Family Court from the beginning to the end. Judicial resolution of cases takes significant time, incurs significant costs and there are long delays for all parties involved in cases being heard before the Family Courts. These factors have resulted in people looking towards alternative dispute resolution methods.Read more...
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06/03/2020The experienced solicitors at Watson & Watson have been involved in countless cases requiring proof of matters of opinion. Opinion evidence is separate and distinct from evidence as to facts.Read more...
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25/07/2019It is not uncommon in family proceedings that the Court (either Family Court o the Federal Circuit Court of Australia) is required to consider and make a decision (based on the law) in elation to Trust. There are different types of Trusts though the most common will likely be a Discretionary Trust.Read more...
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16/07/2019In modern Australia virtually every person uses the internet and has a mobile phone or some other communication device. In Family Law cases it is common for parents to communicate in relation to parenting matters by telephone conversation. What is said by one parent to another or to other persons may be very relevant to the Family Law case. Conversations are evidence that can be used in Court. Parties to Family Law proceedings may try and use recording of private telephone discussions (that they have recorded) in Court.Read more...
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05/03/2019Parties to the proceedings in the Family Court of Australia are usually represented by Solicitors. Solicitors charge their client’s fees (costs). Both parties to proceedings will pay their Solicitor’s costs and will also be required to pay the fees for the filing of the Application and in respect of Court events e.g. Hearing fees and Conciliation Conference fees.Read more...
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06/01/2019In the discussion of property and related financial matters, the Family Court and/or the Federal Circuit Court of Australia considers the available pool of net assets (and the value of the net value of assets) at the time of the hearing and other relevant matters.Read more...
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30/08/2018In most cases, married couples or de facto partners participating in family law property settlement negotiations or proceedings in the Family Court or the Federal Circuit Court of Australia will be able to make decisions on their own behalf and to properly instruct their legal representatives in relation to all matters pertaining to the settlement or conduct of the case. These processes will result in either Consent Orders being approved or the matter being conducted through to a Final Hearing before a Judge.Read more...
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16/07/2018Read more...
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16/05/2018The Family Court of Australia recently considered an application by a father for an Order seeking to set aside Final Parenting Orders that were made by the Family Court without the father being present in Court or apparently aware of the proceedings.Read more...
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09/03/2018The Family Court can make Orders in a property settlement case where the pool of assets available for division includes money that was awarded in damages to one or other of the parties to the marriage because they suffered a personal injury. It might be presumed that the Family Court would not touch compensation moneys received by a person as a result of an injury that they had suffered. Why would the Court take away my compensation money?Read more...
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20/02/2018In the last few years it has become increasingly common in matters coming before the Family Court of Australia and the Federal Circuit Court of Australia to use social media postings such as Instagram, Facebook and Twitter as evidence; this may be helpful but can also be harmful.Read more...
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05/02/2018Often when married spouses or de facto partners separate numerous issues will arise and in particular, if the parties are living in separate jurisdictions or have assets or interests in separate jurisdictions.Read more...
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25/01/2018The usual procedure for commencing Applications in the Family Court of Australia and the Federal Circuit Court of Australia is to prepare and file an Initiating Application and supporting evidential material. In the normal course the Applications are filed in the Court and the Court will list the matter some 5 or 6 weeks later for directions. After the Application is filed in the Federal Circuit Court or Family Court it is usually served upon the Respondent or other party.Read more...
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10/01/2018At Watson & Watson we advise parties in relation to family law matters including property matters and other related matters generally. In many cases there are claims or issues including one or more of property settlement, child support and the time the children spend with each of their parents, future spousal maintenance or support. Generally the matters are settled as a package.Read more...
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19/12/2017In the recent decision of Thorne v Kennedy in November 2017 the High Court of Australia heard an Appeal from a decision of the Full Court of the Family Court of Australia. The Full Court had heard an Appeal from a Single Judge of the Family Court. The High Court decision in November 2017 will have a significant effect on the usefulness of Pre-Nuptial Agreements and Binding Financial Agreements entered into during a marriage or a de facto relationship.Read more...
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04/12/2017Often we receive enquiries in relation to waste in family law matters and how it can be minimised. At Watson & Watson we have senior experienced Solicitors who can advise you and consider the cost benefit analysis. Generally if the asset pool is known (as is in most cases) it is relatively easy to provide a range of outcomes that are likely at a hearing.Read more...
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07/09/2017In Family Law proceedings it is not uncommon for documents to be requested under Subpoena by either party from various entities when collating evidence to support a particular aspect of their case.Read more...
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17/08/2017In Courts of First Instance such as the Family Court of Australia or the Federal Circuit Court your case must be prepared to ensure that evidence is available for the Court to have an opportunity to consider the evidence you wish to rely upon so as to come to a decision.Read more...
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15/08/2017Often at Watson & Watson we receive enquiries as to whether proceedings should be commenced or transferred to a Court within Australia to deal with Family Court issues. We have had recent cases with alternative jurisdictions in America, New Zealand, India, Spain, France, Qatar and England.Read more...
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25/07/2017In a recent case of Waterman in 2017 the Full Court of the Family Court considered this aspect amongst others issues that arose. We have elsewhere dealt with different matters referred to in the Waterman case in particular the effect of the failure of one party to provide full financial disclosure and the disastrous consequences of such failure.Read more...
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11/07/2017In the case of Eldaleh (2016) a Judge of the Family Court of Australia (Family Court) heard an application filed by Mr Eldaleh who was seeking a declaration that his marriage to Ms Eldaleh which took place in the Middle East in 2016, was a valid marriage pursuant to Section 88D of the Marriage Act 1961 (Cth) (the Marriage Act).Read more...
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05/06/2017In Family Court cases concerning the children and the time that they spend with each of their parents the Court will consider what is in the best interests of the children and the suitability of each of the parents in relation to parenting.Read more...
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11/05/2017In a recent decision by the Full Court of the Family Court (the Full Court) in Bangi and Belov (2017), a father’s appeal against a decision made by the trial Judge was allowed in circumstances where the Full Court decided that the trial Judge had given insufficient consideration to the mother’s conduct toward the child, namely, exposing the child to family violence.Read more...
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05/04/2017In a recent case decided in 2016 the Full Court has reviewed the basis for an adjustment between a de facto relationship, and in this particular case a same sex relationship.Read more...
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Appeal against Property Orders in the Family Court allowed. Fresh Evidence not allowed in the Appeal29/03/2017The Full Family Court has considered a recent decision of the Family Court as to the Application of Section 79 of the Family Law Act and whether the Trial Judge failed to consider relevant Section 75(2) factors resulting in an injustice to the wife.Read more...
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08/11/2016The Family Lawyers at Watson & Watson act for many clients and there are many enquiries as to the numerous aspects following separation. One of the aspects, sometimes the most important and sometimes not the most important, is that of property settlement and the adjustment of the property following separation of a husband and wife to a marriage or parties to a de facto relationship (including same sex relationships).Read more...
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05/10/2016The Full Court of the Family Court recently gave Judgment in relation to a husband’s appeal against orders that had been made by the Judge at first instance.Read more...
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22/09/2016In cases where proceedings are commenced in the Family Court or Federal Circuit Court of Australia for property settlement, the Court has a process to assist the parties to reach an agreement and settle the case before final hearing before a Judge (with solicitors and barristers).Read more...
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11/08/2016The Family Law Act and the Courts have a system that requires separating couples to participate in pre-action procedures to attempt to resolve the dispute or narrow the issues of the dispute. These procedures need to be carried out prior to the parties commencing proceedings in the Family Court of the Federal Circuit Court of Australia.Read more...
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21/07/2016Often the family lawyers at Watson & Watson act for clients who are faced with the question of how the Family Court will deal with waste or negative contributions in relation to the resolution of property settlement following separation of a husband and wife of a marriage or parties to a de facto relationship (including same sex relationships).Read more...
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14/07/2016Watson & Watson often receive enquiries and provide advice in relation to whether proceedings should be conducted in Australia or in other countries throughout the world. There are advantages through some jurisdictions and disadvantages in other jurisdictions, depending upon what issues are in contention and what is the factual matrix of the relationship and financial matters.Read more...
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11/02/2016Watson & Watson in late December 2015/January 2016 received instructions in relation to recovery action for children taken by one parent without the consent of the other parent or Court Order. Some involved international removal and the Hague Convention. Others were more localised. At least two involved removal of the child without any prior warning.Read more...
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04/02/2016In Family Law matters involving property allocation between parties to a marriage or parties to a de facto relationship following dissolution the parties often they come to "agreements" as to the allocation of the assets and other related matters. It is a great pitfall for the agreement not to be properly documented.Read more...
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28/01/2016On many occasions enquiries are made and we act on behalf of parents of children who are involved in Family Court proceedings. It is a very difficult time for the whole family and a very difficult time for the children. The children at this very difficult time most often do not wish to disappoint either parent and will often say in discussions with a particular parent what they think that parent wishes to hear. This causes great stress for the children.Read more...
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21/01/2016The Family Court or the Federal Circuit Court where there is a breakup of a marriage or de facto relationship which deals with issues relating to property considers many issues we have indicated in other articles.Read more...
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14/01/2016The experienced solicitors at Watson & Watson have been involved in hundreds of cases requiring proof of matters of opinion. Opinion evidence is separate and distinct from evidence as to facts. Evidence of facts usually relate to evidence of what one can see, hear and read. Opinion evidence is a professional opinion of interpretation of the factual matrix.Read more...
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07/12/2015Watson & Watson receive enquires and instructions in relation to matters where parents of one or other of the parties have provided money to assist the married or de facto couple. This often occurs when the couple seeks to purchase a matrimonial home or funds to commence a business. In the event that the relationship breaks down there is most often a debate as to how these funds are to be considered by the Family Court. There is a fundamental difference.Read more...
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26/10/2015Regularly Watson & Watson experienced family lawyers, Sydney receive enquiries from expats working overseas or from a spouse or partner.Read more...
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05/10/2015Over the years Watson & Watson have seen many Orders and Terms of Settlement, particularly where the Terms of Settlement and/or Orders are made at or during the hearing, which are unclear. One should never assume that the difficulties that the parties are faced with up to that time have suddenly been overcome by an agreement to settle.Read more...
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01/10/2015An application was made by the father of two young children to be returned to Canada through the Central Authority pursuant to the Family Law (Child Abduction Convention) Regulations 1986.Read more...
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19/08/2015Not every person has the same capacity to fund legal proceedings for property division in cases which are usually commenced in the Family Court or the Federal Circuit Court of Australia. This can cause problems when one party to a marriage or a relationship is in a weaker financial position than the other party. This may arise by reason of one party having more assets or control of joint assets or by reason of their superior earning capacity.Read more...
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12/08/2015As part of the process the Court determines what are the assets available for distribution between the parties and what are the valuations of those particular assets.Read more...
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02/07/2015In cases decided under the Family Law Act the general principal is that the Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.Read more...
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18/06/2015Often a parent, grandparent or person who is concerned as to the welfare of the children who are caught up in the breakdown of the marriage of their parents approach Richard Watson or Dennis Grant for advice as to how best to protect the children. One of the main concerns is how the child or children involved will spend time with each of the parents and other important members of the extended family.Read more...
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12/06/2015Jennifer who had separated from her husband Paul 11 months earlier sought advice firstly from Richard Watson and from Dennis Grant as Jennifer and Paul had not been able to put in place an appropriate arrangement in relation to the children.Read more...
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13/01/2015Following the separation of Sally and John, John wanted to ensure that Sally would not take the two children of the marriage back to England. John wanted to stay in Australia and to have a good relationship and significant time with the children.Read more...
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19/12/2014Mary sought advice from Watson & Watson as to whether she could change her son Stephen’s surname as she had remarried and had children with her second husband. The Federal Circuit Court of Australia (Family Court) can order that a child’s name can be changed in certain circumstances.Read more...
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19/07/2014Property cases have four components: identifying and valuing the asset pool and financial resources, assessing contributions, FLA s. 75 (2) factors and the just and equitable principles. Financial disclosure obligations apply to all matters in issue in the proceedings, and often that can be all four components.Read more...
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17/07/2014Read more...
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21/05/2012Often parties separate under the same roof and for many reasons neither party wishes or is able to leave the home. Often one or both of the parties find the position intolerable and often it is not in the best interest of any of the parties or the children. However, often the two parties maintain the position that neither will leave. It is difficult to obtain an appropriate order for one party to leave the home but it is available. Negotiation is also difficult.Read more...
Family Court Appearances Lawyers
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Dennis Grant - Senior Family Lawyer
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Richard Watson - Principal Family Lawyer
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