Publication

Contributions to Property During Marriage

Michael Emerson PRINCIPAL Emerson Family Law PARTNER Brisbane Mediations ASSESSING CONTRIBUTIONS The Approach of the Court in Property Settlements Under Section 79 of the Family Law Act (“the Act”) the court has power to make orders redistributing the property of parties to a marriage. The relevant section provides as follows: Section 79 – Alteration of...

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CPD Essentials Conference – Television Education Network

BINDING FINANCIAL AGREEMENTS: DO THE REFORMS MAKE ANY DIFFERENCE? From its enactment in 1975 and for 25 years thereafter the Family Law Act 1975 (Cth) (“the Act”) made no provision for the recognition and enforcement of agreements made by parties to a marriage outside the provisions of s.79 of the Act1 or s.86 and s.87.2...

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New Ways to Resolve Family Disputes

Denise Britton Children are often the innocent casualties of marriage breakdown and post-separation conflict. In December 2003 the House of Representatives Standing Committee on Family and Community Affairs released its report following an inquiry into child custody arrangements in the event of family separation. The Committee’s report recommended a range of reforms to the family...

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DNA AND THE LAW – CHILD SUPPORT IMPLICATIONS AND RECOVERY OF MONIES PAID

By: Mike Emerson, Partner Emerson Black Lawyers, Brisbane The issue which I address in this paper is recovery of overpayments of child support made by payers pursuant to administrative assessment of child support for a child particularly where the overpayment results from circumstances where the payee can establish through parentage testing that he is not...

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Sharing the Children: Where Are We Now?

Michael Emerson Principal Emerson Family Law and Denise Britton Principal Psychologist Britton Psychological Services The 2006 Changes – Impact at the Coalface The provisions of the Family Law Act relating to ‘parenting’ cases are largely contained in Part VII of the Act. Part Vil was significantly changed by amendments in 1995 [Family Law Reform Act...

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The Counsellor’s Role in Family Law Disputes

DENISE M BRITTON B.Soc.Wk., M.Litt., M.A.Ps.S. Principal Psychologist Britton Psychological Services Pty Ltd and Partner Brisbane Mediations To litigate, conciliate or mediate? The perspective of a mental health professional. We all know that litigation is alive and well. For many of us this fact is brought home regularly by a hurried trip up George Street...

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Involving Children in Family Dispute Resolution

NEW RESPONSES TO THE FAMILY LAW ACT AMENDMENTS The focus of this paper is child inclusive dispute resolution – especially that which is outside the litigation pathway. Current issues are placed in perspective in relation to their historical context. Techniques, practitioners, benefits to children and parents, contra-indications, risks and conundrums are discussed. Views expressed come ...

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Joint Interactive Session – Denise Britton and Mike Emerson – “The Interview”

IN THE EYES OF THE CHILD: EXPLORING THE INTRICACIES OF DOMESTIC VIOLENCE, CHILD ABUSE, PSYCHOLOGY AND EVIDENCE IN CHILD LAW Identifying Family and Domestic Violence: What is family and domestic violence? The most common community definition in Queensland is: Domestic violence occurs when one person in an intimate relationship behaves in a way that causes...

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Update on Shared Parenting

Mike Emerson Principal Emerson Family Law Family Law in Practice 2011 Update on Shared Parenting 1. Best Practice Shared Parenting Orders The 2010 Best Practice Guidelines for Lawyers Doing Family Law Work do not make specific reference to best practice in relation to shared parenting orders, however the do have comprehensive guidelines in respect of...

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Residence: separation, relocation &with whom the children live

 The Significance of the Changes The Shared Parenting reforms commenced on 1 July 2006. The hype surrounding the new legislation spoke of ‘significant reforms’, ‘a cultural shift in how family separation is managed’, ‘co-operative parenting’, and ‘moving away from litigation’. The government’s aim was clearly to change the culture of family separation by placing the...