ByLawyers News and Updates

Family Law – Grandparents order and commentary

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New commentary on parenting orders in relation to grandparents has been added to the Children publication … Grandparents are entitled to apply for parenting orders pursuant to s 65C, which provides: A parenting order in relation to a child may be applied for by … (ba)  a grandparent of the child; or … Whilst grandparents specifically have standing to make an application under the Family Law Act, it does not automatically mean orders will be granted.  As with any parenting order, the court will always consider an application by the grandparents through the prism of what is in the best interests of the child: s 60CC.

Also, a new draft order has been added to the library of Children Orders: “Spending time with grandparents”.

Family Law – Binding Child Support Agreements

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The Children’s commentary has been enhanced by adding further information regarding the binding nature of Binding Child Support Agreements and the discretion the Court may exercise to set an agreement aside. The Full Court of the Family Court decision in Masters & Cheyne [2016] FamCAFC 255 (2 December 2016) looks at what changes may be sufficient to enliven the Court’s discretion, and they are extremely limited. The Court’s view is that binding agreements are meant to be binding and possible changes in parental arrangements should be considered before executing the agreement.

Family Law – Discontinuance & Summary Dismissal

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Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

Family Law

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Family Law 

NOVEMBER
  • Further Information – Added “Parenting orders – what you need to know”
  • Costs Agreements – Included reference to time limit for requesting itemised bill as per the Family Law Rules, reference to interstate costs laws added, updated interest clause
OCTOBER
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • VIC/NSW – included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • WA – added clause on scale fees.
  • Property Settlement Commentary – Amend – Step one – identify and value the net property 3.
  • New precedents
    • To do list – Children
    • To do list – Financial Agreement
  • 101 Family Law Answers – added new commentary on Foreign Resident Capital Gains Withholding Payments.
AUGUST
  • Divorce, Children and Property Settlement guide – New Costs Agreements added for Tasmania and Northern Territory.
  • Children commentary –  Considerations specific to children matters added to commentary on social media evidence
  • New precedents
    • Letter to other side inviting them to family dispute resolution
    • Letter to other side’s solicitor inviting them to family dispute resolution
JULY
  • Children commentary – Amended to discuss in more detail paternity and the presumption of parentage. In certain circumstances, proving parentage can be particularly important. Parentage is also a relevant consideration as the number of blended families in Australia continues to rise.
JUNE
  • Divorce commentary – Updated and restructured the commentary discussing divorce applications and reduction of court fees.
APRIL 
  • Property Settlement – New precedent added – Letter to other side’s solicitor with offer of settlement – Calderbank offer.
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Property Settlement – Commentary concerning social media evidence in financial proceedings has been added to the property settlement guide.
  • Children commentary – Added section on making urgent applications – Early hearing and urgent orders ex parte.
FEBRUARY
  • Children commentary – Added section on variation of parenting orders. In particular, a commentary on the threshold test as established in Rice v Asplund (1978) 6 Fam LR 570 has been added.
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
JANUARY
  • All By Lawyers Family Law cost agreements have been updated in line with the 2016 Family Law Rules itemised scale of costs.

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