2019-10-17 23:59
A prominent Brisbane family lawyer, who was commonly known as “The Duchess of Divorce”, has died. Carmel Murray, who practised family law for 38 years, has died aged 84.&nb&hell…Read More
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Australian Divorce Blog
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Australian divorce and family law by a Brisbane family lawyer. All about property settlement, spousal maintenance, children, child support and domestic violence.
2019-06-10 23:02
The US Supreme Court has decided overnight (Australian time) to review a case in which habitual residence under the 1980 Hague Convention is the key issue. While Australian courts have decid… Read More
2019-05-07 11:53
According to a report in Brisbane's Sunday Mail on Sunday, almost 10,000 Aussie kids are the subject of the Australian Federal Police family law watchlist. The watchlist prevents the childre… Read More
2019-05-07 07:55
This morning I presented to junior family lawyers about issues in parenting cases. My paper is below: QUEENSLAND LAW SOCIETYFAMILY LAW FUNDAMENTALSPARENTING MATTERSBRISBANE – 7 MAY 201… Read More
2019-04-15 04:54
This morning by sheer chance I saw an ad for the Westpac separation guide. It is excellent.It helps people contemplating or going through separation to contemplate the future- at least from… Read More
2019-04-11 08:11
Yesterday the Attorney-General, Christian Porter tabled the report of the Australian Law Reform Commission into the Family Law System. The Commission set out 60 recommendations, the first of… Read More
2019-04-08 04:08
In the midst of the Australian Law Reform Commission review (still underway) and the proposal by Attorney-General Christian Porter to merge the Family Court of Australia and the Federal Circ… Read More
2019-01-18 05:20
In November I had the pleasure on my first outing as a partner of Page Provan, family and fertility lawyers, of presenting to the Australian Human Resources Institute Diversity and Inclusion… Read More
2019-01-04 05:37
Thirty years ago this year the UN Convention on the Rights of the Child was entered into. Every country or the world, including the failed States of Somalia and Yemen, have signed the… Read More
2018-12-06 01:58
For those of us who attended the national family law conference in Brisbane, there was an element of controversy between the Government and Opposition. Attorney-General Christian Porter spok… Read More
2018-12-06 01:11
I am delighted to announce the launch of Page Provan, family and fertility lawyers. I am in partnership with Bruce Provan. Our focus remains on achieving quality outcomes for ou… Read More
2018-11-04 01:36
It's easy to be overwhelmed when contemplating the path to separation and beyond. Will I ever find love again? Will the children and I be safe? Will I have financial security? Will i go bank… Read More
2018-10-26 01:10
Sometimes as a divorce lawyer, as I have been for over 30 years, it is easy to forget the power that I and other lawyers have to change people’s lives – hopefully for the bett… Read More
2018-08-24 04:38
Recently I caught up with an old client. Many years ago we had acted on his divorce. He and his wife had sorted out what they were going to do about their property settlement an… Read More
2018-07-10 11:29
Today I received one of those rare events, a call from an Australian colleague who was overseas thanking me for my work which helped determine a court case.It turns out that the parents had… Read More
2018-07-04 01:31
In February I presented for Television Education Network about defining the best interests of the child in family law parenting matters. Here is my paper: Defining best interests of th… Read More
2018-07-04 01:21
In June I presented for the Queensland Law Society to junior practitioners about family law 101- parenting cases. Here is my paper:QUEENSLAND LAW SOCIETYINTRODUCTION TO FAMILY LAW 101PARENTI… Read More
2018-07-04 01:18
In February, I presented for the Queensland Law Society about the Marriage Act changes. Thankfully since then there has been a change in the Civil Partnership Regulations in Queensland so th… Read More
2018-07-04 01:14
In March I presented for Legawise at its annual family law conference in Brisbane. My topic was the vexed one of lifting the corporate veil- and therefore seeing behind the corporate structu… Read More
2018-07-03 10:15
It has been many months since I last blogged, the most that has passed since I first started blogging in 2007.I apologise to my followers. In life we receive challenges on a daily basis, an… Read More
2017-10-11 04:11
It is with some sadness to me that Chief Justice Diana Bryant of the Family Court of Australia has retired. Her Honour after being appointed as a Senior Counsel, was appointed as the first h… Read More
2017-07-19 05:17
Tonight I attend a function recognising the service of Justice Michelle May, who is retiring after many years of service from the Family Court of Australia.I had the privilege many years ago… Read More
2017-07-17 04:21
Attorney-General Senator George Brandis has released the following statement:protecting family violence victims from beingcross-examined by alleged perpetratorsToday, I release draft legisla… Read More
2017-07-17 01:23
When family lawyers and judges talk about The Hague Convention, often the one of many that they will be the 1980 Hague Convention, which deals with civil aspects of international child abduc… Read More
2017-06-06 23:04
I was asked today what is my advice of coping with advice. On reflection there are 8 top tips:After 30 years of doing divorce work, my 8 top tips when separating are:Make sure you and the ki… Read More
2017-05-01 06:09
Now that the budget sails have been set, we can be sure of one thing in this budget- there will be little relief for the beleaguered Family Law Courts. The Federal Government will not be stu… Read More
2017-04-12 23:47
Recently I presented at the seventh annual Family Law Forum run by Legalwise in Brisbane about third party property settlement issues. My paper is below. The shorthand version of what… Read More
2017-03-27 00:31
I am delighted that the Australian Divorce Blog has been named in the top 50 blogs in Australia by Feedspot.In the words of Feedspot founder Anuj Agarwhal:I personally give you a high-five a… Read More
2017-03-21 21:00
Going to court to argue the value of the family company can be a risky affair, as a recent Family Court case illustrates. In the case, called Riley and Riley, all property settlement issues… Read More
2017-03-19 01:36
When parents continue to disagree about what happens with their children, the road too often leads to the Family Law Courts. When the dispute gets there, the parties will either organise or… Read More
2017-03-15 10:21
Recently I blogged about how the Full Court of the Family Court said that a wife to be who had signed a pre-nup just before they married, and a financial agreement just after, which were amo… Read More
2017-03-15 10:05
A common feature about Australian families is that parents often support their children financially. They either make gifts or lend money to their children. This is often an issue if the adu… Read More
2017-02-28 10:44
A requirement of making a financial agreement a binding one is to have independent legal advice. In a recent case, the wife alleged that she was subject to duress from the husband, when it c… Read More
2017-02-28 10:09
One of the perennial issues facing those whose relationships have ended- and by extension, their lawyers, mediators, arbitrators and family law judges, is what weight should be given to init… Read More
2017-02-07 12:31
Following action by the Weatherill government, South Australia has reviewed its laws concerning LGBTI people, resulting in the passing of a bill to set up a relationships register in South… Read More
2017-01-08 02:57
Christmas is one of those times when, according to the films, romance is in the air and the world is all of sparkle with love. All too often, it is full of pain and misery as couples split u… Read More
2016-12-18 07:45
Family Court of Australia court registers US pre-birth surrogacy order In a groundbreaking decision, for the first time ever, the Family Court of Australia has registered a US surrogacy or… Read More
2016-10-09 09:51
A case last year in the Family Court of Australia, which had the effect of requiring the wife to repay the husband over $215,000 in spousal maintenance previously paid has… Read More
2016-08-14 04:56
On Thursday night, I had the privilege of speaking at the launch of Marina Bakker's new book Dangerous Liaisons. The launch was at Mary Ryan's bookshop in Brisbane. The book is a great how t… Read More
2016-08-14 04:32
Last week I was thankful for a man who did not know when to shut up. This may sound ironic coming from a lawyer, especially a lawyer who blogs, presents and writes articles as I do, but one… Read More
2016-07-18 10:31
I saw today a very powerful article by ABC showing the faces of Australian women killed in 2015 as a result of domestic violence. The faces of these women put faces on the statistics. These… Read More
2016-07-17 10:26
I have set out below Pauline Hanson's family law policies. It seems a policy written by men who are bitter about their divorce experience- for men bitter about their divorce experience. One… Read More
2016-07-17 08:11
For over thirty years, twenty as an accredited family law specialist, I have assisted countless clients in property settlements. Here are my fifteen tips on how to stay sane during property… Read More
2016-07-17 08:09
One of the things that I learnt from 30+ years of helping clients with property settlements (20 of which as an accredited family law specialist) is that working out the property pool is one… Read More
2016-07-08 21:46
What is the Hague Convention?Australia, along with many other countries, is a signatory to what is commonly called the Hague Convention, which enables children to be returned to their home c… Read More
2016-07-08 20:12
Well I didn't see that coming! This blog, the Australian Divorce Blog, has been named in the top 100 divorce blogs worldwide. It is the only Australian divorce blog on the list.The blog has… Read More
2016-06-27 10:53
Today I had the privilege, along with our other solicitors at Harrington Family Lawyers, of receiving inhouse training from Murray Howlett and Jennifer Veitch, both from chartered acco… Read More
2016-06-09 09:37
Thank you to Julia Gillard, Joe Hockey, Tony Abbott and the Daily Telegraph for the latest round of idiocy, which will cause pain to pretty well everyone, add a layer of red tape that is not… Read More
2016-05-23 11:52
On Thursday night I had the privilege to receive on behalf of my firm, Harrington Family Lawyers, an equity and diversity award from the Queensland Law Society.Three awards were handed out… Read More
2016-04-27 10:23
Thank you everyone who has viewed my blog. Ever since it kicked off a few years ago, my Australian Divorce Blog has continued to attract visitors.According to Google, the blog has had 546, 2… Read More
2016-04-27 10:00
Almost every day, I have to advise clients about whether they are or they are not parents under the Family Law Act. Sometimes this is because they have undertaken surrogacy, or because they… Read More
2016-04-26 22:00
Just over a week ago, Chief Judge Thackray of the Family Court of Western Australia delivered the Baby Gammy judgment. Or to put it more accurately, delivered the Baby Pipah judgment.You… Read More
2016-04-26 10:02
I have lost count of the number of lawyers and social commentators, starting with the chief of the Federal Circuit Court of Australia, Chief Judge John Pascoe, who have decried the delays in… Read More
2016-03-23 04:48
International family law can be tricky. Many family lawyers have not done it, or not done much of it. Two weeks ago I was privileged to deliver a paper to the Legalwise family law conf… Read More
2016-03-22 01:54
When planning to allow your children to go overseas, or trying to get them back, reliance on the Hague Convention must be tempered by on the ground knowledge. This much was driven home to me… Read More
2016-03-22 00:58
Last week I was lucky enough to be the keynote speaker at the 19th annual South African family law conference, held in Cape Town.I spoke about surrogacy.I had assumed that the conference wou… Read More
2015-11-29 09:54
Following on recommendations of the Quentin Bryce domestic violence taskforce, the Palaczszuk government will this week introduce a bill to the Queensland Parliament to make choking a separa… Read More
2015-11-29 09:18
In the midst of all the daily drama in the news, with society seeming to be getting worse, it is surprising to learn that the divorce rate is going down. Yes, down, not up. This does not app… Read More
2015-11-29 08:53
The other day in the lead up to White Ribbon Day when I was in Sydney, I was accosted by a complete stranger who told me that the reason why we had domestic violence in Australia was because… Read More
2015-11-26 05:28
Yesterday, 25 November I commemorated the International Day for the Elimination of Violence Against Women, or White Ribbon Day. I attended with 600 other Queenslanders at an event co-hosted… Read More
2015-09-21 07:31
When things get really ugly, and no one can agree about anything when it comes to property settlement matters, sometimes the court is called upon to appoint trustees for sale of property. Wh… Read More
2015-08-23 01:19
Recent figures from Reuters, folllowing the Ashley Madison data dump, show an extraordinary number of Australians used the website, presumably to have affairs. The numbers are simply astound… Read More
2015-08-16 08:50
"Those magnificent men in their flying machines, they go up tiddly up up, they go down tiddly down down.": Those Magnificent Men in Their Flying MachinesA great quote to describ… Read More
2015-08-02 10:56
Of all the cases that are the hardest to defend, and therefore the one to make sure is handled the most carefully, is a Hague case. They are not to be trifled with.Hague cases are technicall… Read More
2015-08-02 10:14
Context is everything, as they say. What might be a perfectly acceptable use of English in one part of the world could in another part be screamingly funny, because of local colloquial langu… Read More
2015-07-06 11:49
It is hard to believe, but it is now almost 30 years since I attended my first mediation in family law.Back then we didn't call them mediations. We called them legal aid conferences. Legal A… Read More
2015-03-18 02:16
The Bryce task force set out the impacts of domestic and family violence:At the extreme end of domestic and family violence is homicide. The National Homicide Mon… Read More
2015-03-17 02:04
The Bryce report provides an excellent discussion of what is domestic violence and family violence:Domestic violence, also called intimate partner violence, occurs in a var… Read More
2015-03-16 01:59
Quentin Bryce's task force sets out a good history of how domestic violence has been tackled in Queensland (and Australia):Domestic violence is not new. It spans… Read More
2015-03-15 02:12
I have been in the unfortunate position of acting for all kinds of people who have been subjected to domestic and family violence:Mothers from their childrenFamily members… Read More
2015-03-15 01:48
The sad reality is that it appears that domestic violence has been increasing, despite a generation of laws and practices aimed at ending it. In Queensland, the former National party governm… Read More
2015-03-13 07:49
Today I presented at the 2015 Legalwise family law conference in Brisbane. The paper was called Children Across Borders. The first part of the paper is devoted to preventing international ch… Read More
2015-03-09 11:28
What a sad indictment of our society. When the world is celebrating International Women's Day, including the spectacular lighting on Brisbane's Story Bridge, domestic violence rates against… Read More
2015-02-08 09:19
Too often it is assumed by a party, and sometimes their lawyer, that going to the Family Court will mean a get rich quick experience. It is mistakenly assumed by many, for example, that livi… Read More
2015-02-08 08:48
Recently a friend sent me a Youtube video where boys are interviewed. They are asked, eventually, to slap a girl. The boys know that this is wrong. They refuse to do so. In the words of one… Read More
2014-12-03 00:42
Sometimes I come across a case that makes me shake my head.I read this case the other day that was in another realm; the barrister for the mother accused a Family Court judge or court offici… Read More
2014-09-28 01:52
Many of my colleagues over the years- those who do not do family law- have said that those who do family law are mad, and "I don't know how you can do it"- before regaling me with thei… Read More
2014-09-23 23:17
Some morning its pays to wake up! This morning was one of those mornings. When I went through my emails this morning I came across two extraordinary emails. This morning I have been accept… Read More
2014-09-23 12:00
Last night I was lucky enough to call in an old friend who was recovering from major surgery. Her prospects are good, thankfully.Visiting her made me reflect as to how long it has been that… Read More
2014-09-23 11:25
Today I helped a client at a mediation. One of the striking things about today's mediation, as opposed to any other, was that the mediator announced that he had been involved in over 4000 me… Read More
2014-07-30 00:00
Conference BackgroundThe Gendered Violence Research Network (GVRN) – a joint initiative of UNSW Arts and Social Sciences and UNSW Law – will hold its inaugural Asia-P… Read More
2006-06-07 11:16
One of the differences between social workers and lawyers is that social workers like to listen to people, while lawyers like to use documents. Documents at times can damn someone’s c… Read More
2006-06-07 11:16
“The ATO’s slugged me $9,000!” said my new client when she came to see me. “How rich! All I did was a property settlement with my ex.”All of which was true, but… Read More
2006-06-07 11:16
I have lost count of the number of cases where my attention to detail made all the difference to whether my client was successful or not in a case. For example, a father swore that his crim… Read More
2006-06-07 11:16
Well it might start on April Fool's Day, but Japan has at long last signed up to the Hague Convention. Hopefully at last Japan will no longer be the butt of criticism that once a child is ta… Read More
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