The Federal Government has announced the delivery of six family law services to South East Queensland commencing January 2015. The Centres will provide services to help separating families make child focused parenting arrangements both during and post separation. A list of the Centres is set out below: Family Relationship Centre Ipswich – Relationships Australia Queensland,...
Risks in Lodging a Caveat The dangers of lodging a caveat to protect a purported interest in property are illustrated by the decision of Forrest J in Auricchio & Auricchio [2014] FamCA 240. In applying Queensland State Law pursuant to the accrued federal jurisdiction of the Family Court, His Honour ordered that the wife forthwith...
For an interesting and recent discussion of the notion of “special contributions” see the Full Court decision of Hoffman & Hoffman [2014] FamCAFC 92. FM Brewster as he then was ordered an equal division of property in a pool of about $10m after the parties’ 36 year cohabitation. In so doing, His Honour declined to...
It is not unusual in reported cases for Judges to make observations about aspects of practice. The case of Baines and Crabal, an interim parenting matter, where judgment was delivered by Judge Scarlett in the Sydney registry on 30 April 2014 is a case in point. In handing down judgment His Honour included some very...
Recently I had cause to revisit the issue of the threshold issue in spousal maintenance. The matter was looked at by the Full Family Court in the case of McCrossen and McCrossen [2006] FamCA 868. A wife who wanted to become a teacher failed in her bid for spousal maintenance because the court found she...
Eric and Fran are in conflict. They’ve always had a hard time working together, but lately the frustration and tension has spilled over to colleagues and family members on each side. Fran catches you first, her story emerging in messy, manic detail. Eric, she claims, is acting unreasonably. He is incompetent and he is being...
Almost weekly if not more frequently we are being made aware of surveys predicting rises in property prices for 2014. In today’s Financial Review we are told that property is in for a bumper year, with higher prices, increased building and more jobs according to a new survey. The bullish outlook, based on the views...
Recently, the Ipswich District Law Association invited Mike to attend their February seminar and discuss the notion of “Advocacy in the Family Law Jurisdiction” with interested local legal practitioners. Mike, who is a regular speaker at legal seminars, emphasized among other things, the importance of preparation, civility and courtesy in obtaining the best results for...
On Monday 3 December 2012, Mike Emerson and other Brisbane Mediations panelists were pleased to join with fellow mediators and family law practitioners at the launch of the third edition of the very valuable publication “Mediating Families” written by Brisbane Mediations panelist and renowned mediator Mieke Brandon and her co-author Linda Fisher. Congratulations Mieke and...
On 6 December 2012, Mike Emerson, Shannon Daykin and Aishwarya Singh solicitors with Emerson Family Law attended the annual Christmas wind-up of the Family Law Practitioners Association. The Association has had a productive year under the able leadership of Deborah Awyzio. The new President of the Association is Trent Waller, who heads the Family Law...
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