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Will my family law order override my intervention order?
When there is family violence or allegations of family violence, it is common for both family law orders and intervention orders to be in place at the same time. However, in the event of a conflict between the two, it's crucial to understand which order takes...
What Are Parenting Orders and Parental Responsibility?
What Are Parenting Orders? What must first be recognised is that the term ‘parenting orders’ has replaced the term ‘child custody’ in the Family Law Act. This distinction is important to note as it reflects the courts attempt to focus on the interests of your child,...
SA abolishes the defence of provocation and amends self-defence – Everything you need to know
In December 2020, the South Australian Parliament passed legislation to abolish the common law defence of provocation and amend the law on self-defence. Provocation Prior to amendments, the defence of provocation could be used to reduce a charge of murder to the...
What is a Grant of Probate and do I need it?
A Grant of Probate is the legal process of applying to the Supreme Court to have a Will ‘proved’, which essentially means to have it be held valid and confirmed as the deceased’s last Will. When a person passes away leaving a Will and assets in South Australia, it is...
What is the role of a Family Lawyer?
In short, our role is to provide professional advice and support regarding a wide range of issues. These issues include but are not limited to, divorce, children’s living arrangements, property settlements, spousal maintenance, as well as child maintenance. We provide...
Who has ultimate control of a discretionary trust?
A trust is a relationship where one holds property (or other rights) on behalf of another. A trust is discretionary where the trustee(s) have an ability to choose whom of a class of beneficiaries will receive the income and/or the assets of the trust. This discretion...
The Family Court to be Abolished – what you need to know
On 17 February 2021, the Senate passed the Federal Circuit and Family Court of Australia Bill 2019. This legislation abolishes the current Family Court of Australia which means that there will no longer be a stand-alone specialised Family Law Court. The proposed...
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