Applying for a passport for a child without both parent's consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially...

Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t?   Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then...

How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship.  Rather than cashing out the super is "split" and assigned to the...

Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States...

Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide...

According to the Victorian Wills Act 1997: (1)     The divorce of a testator revokes— (a)     any disposition to the divorced spouse of the testator, made in a will in existence at the time of the divorce; and (b)     the grant of a power of appointment by the will...

A common question I hear from family law clients is: I have recently separated from my partner and I wish to have equal time with the children.  How do I get equal care of the children? It is not an "automatic right" of the parent to get...