After receiving recognition for our Canberra Family Lawyers last week, we are pleased to announce that Farrar Gesini Dunn’s Frank Chila from our Melbourne Family Law Team has also been recognised as a Recommended lawyer on Doyles Guide in the category Leading Family & Divorce Lawyers – Melbourne, 2021. Congratulations Frank!

Frank is a ‘bigger-picture’ type of lawyer; he starts with the realistic goals of his clients and he works hard to achieve those goals.  Frank runs a lot of high conflict parenting and property matters that require composure, strategic planning and the ability to not be reactive, but rather, proactive. He has a knack for understanding not only his clients and their needs but what makes others tick which is important in this area of law. Read More >
If you would like to speak
to a member of our Melbourne family law team regarding how we can best assist
you, please call us on (03)
8376 7000.

We are proud to announce that our Family Law Team has once again been acknowledged by the esteemed Doyles Guide in the following categories:
Leading Family & Divorce Law Firms – Canberra, 2021Leading Family & Divorce Lawyers – Canberra, 2021Leading Parenting, Custody & Children’s Matters Lawyers – Canberra, 2021Family Law Rising Stars – Canberra, 2021
Our Canberra Family Law Team have been recognised by Doyles Guide in the 2021 ACT Family Law Rankings which were published on 2 December 2020. We are honoured by the recognition we have received from fellow legal professionals. We are committed to continuing to improve the way we assist our clients, through what may likely be the most difficult times of their lives.
Leading Family & Divorce Law Firms – Canberra, 2021
First Tier Award Winner, 5 Years Running!

Leading Family & Divorce Lawyers – Canberra, 2021

Leading Parenting, Custody & Children’s Matters Lawyers – Canberra, 2021

Family Law Rising Stars – Canberra, 2021

A gift of money from a family member or friend can help you realise your financial goals. But, if these monetary gifts are received during a relationship that later breaks down, how are these kinds of gifts treated? 
Disputes may arise between separated parties as to whether
the money was advanced:
as a gift to one party or both; as a loan rather than a gift; oras a loan that later turns into a gift.
Certain relationships, such as that between a parent and child, give rise to a legal presumption that money advanced from the parent to the child is intended to be a gift to the child only (and not their partner or spouse), unless evidence can be provided to the contrary. The Court will look at the facts of each case to determine whether there is sufficient evidence to rebut the presumption.
If the money is a gift to one party only, then the party in receipt of the gift can claim it as a contribution they made to the relationship. This does not mean that the party who received the gift will get they money back dollar for dollar from a settlement. The weight given to this contribution in a settlement will depend on various factors including the size of the gift, the length of the relationship and when the gift was received.
If the money is a loan that was intended to be repaid, the parties may agree or a Court may make an Order for the money to be repaid before the remaining assets are divided between them. A loan may be evidenced by a written agreement entered into at the time the money is advanced that includes details about the repayment terms, or a history of repayments or demands for payment during the relationship.
It is sometimes the case that one party will attempt to claim a monetary gift as a loan when the relationship sours so that the money will be returned to the donor. The best way to avoid a dispute about monetary gifts is to have written evidence at the time the money is advanced as to who the money is intended to benefit and on what basis.

Article By: Frank Chila
Director
Frank is a ‘bigger-picture’ type of lawyer; he starts with the realistic goals of his clients and he works hard to achieve those goals. Frank runs a lot of high conflict parenting and property matters that require composure, strategic planning and the ability to not be reactive, but rather, proactive. He has a knack for understanding not only his clients and their needs but what makes others tick which is important in this area of law.
Read More >

On Thursday 29 October Farrar Gesini Dunn hosted 148 players for our Annual Charity Golf Day at Federal Golf Club. Despite a wet week and the ever changing Covid-19 related restrictions we were able to gather together to support and raise much needed funds for Karinya House. As of noon yesterday we raised a total of $19,301.27, all going directly to Karinya House. This is a significant increase on last year, so thank you for your support.

Karinya House is a vital Canberra charity who provide immediate support for women who are pregnant or have new babies and have nowhere else to turn. They provide safe housing, counselling, support during pregnancy and birth and connections to health, welfare, legal, educational and financial services.
A huge thank you to Karinya House committee member, Esther Boggart who came along to detail the amazing work Karinya House does and how they have been and continue to cope during the pandemic.
After lunch and a welcome by FGD CEO Jim Dunn all the players were off for a shotgun start, play was momentarily interrupted by lightening, but it was a chance to mingle back at the club house and have a chat and catch up with the FGD community, outside of your own team that we haven’t seen this year (and were all really keen to catch up with!).
As is our usual style, we weren’t going let our players get away with a stock standard round of golf.  Nearest the Pin was sponsored by Cork & Glass on hole #8 with Solicitor Jess Win and Advisory team member Maddison Skotinis closely scrutinising participants’ shots. The Happy Gilmore was up next on #11, yep, it is exactly what you are thinking, and was convened by Director Kasey Fox, Accountant Carmen Tronerud, and Solicitor Peta Jeffery.  The Happy Gilmore is always a crowd favourite, we promise we have the blooper videos hidden away. Stacey & Mary from our Estates team were keeping an eye over the longest drive on hole #17 sponsored by Rodger Bartholomew and Birdsnest.  On hole #18 players couldn’t get around our second unavoidable game, swap your club for cricket bat, there were varying techniques, some hilarious, some slightly dangerous, but a lot of fun was had by all the players and our in house Child & Family Specialist Kristal Simson and Senior Solicitor Ramya Balachandren who were umpiring the shots. There was also an element of competition with the Inaugural Longest Bat sponsored by Viva Leisure at a massive distance of 149.5 meters.
Due to the lightening break, play continued a little later than normal but we were really pleased that many hung around to toast their success or down their commiserations following play.. and the winners were:
Nearest the Pin (male): David CrossNearest the Pin (female): Kaylene BeamesLongest Drive (male): Matt GoodwinLongest Drive (female): Renata HercokLongest Bat: Luke Smith
Third (prizes thanks to National Zoo & Aquarium, Moxom & Whitney and Gelato Messina): The Dunny Cans; Jim Dunn, Andrew Berger, Dugald Laurie, Ian Bradfield
Second (prizes thanks to Sharwood Hampers and Shaw Winery): Schooner MacGavins; Domenic De Marco, Stephen Okkonen, Matthew Goodwin, Joshua White
Overall winners (thanks to Pilot Restaurant): Independent Property Group Belconnen; Daniel Beames, Denis Vidovic, Nathan Page, Dean Hill
We also have special mention to go to Matt Eggins who landed a terrific hole in one on the 16th, well done!
If you thought that wasn’t action packed enough; my personal highlight of the day was an impromptu auction held by Phillip Kouvelis from Maloneys Property for a 2012 55th Anniversary Henschke Shiraz that had been recently donated to Karinya House. Originally this was to go to the overall winners however they kindly redonated for us to auction. A big thankyou to the Independent Property Group Belconnen; Daniel Beames, Denis Vidovic, Nathan Page, Dean Hill.
The opening bid was generous $1000 but a battle ensued between ACT Decks and two FGDers, Director Ann Northcote and CFO Matt Clacy, after a gallant effort by the blokes, Ann won the wine for $3200 all going directly to Karinya House.   
A big thank you to our event sponsors; Slaven Torline, Parker Financial, Paddywack Promotional Products, Blue Ink, Ziggys Fresh and Pialligo Estate
Finally, a big thank you to Director JK Law for the photos throughout the day, if you would like a copy of the High Res versions (for framing or otherwise) please let me know. If you are sharing on socials, please make sure you tag yourself, @farrargesinidunn and use the hashtag #fgdfun.
If you are able to support Karinya House further or in an ongoing capacity, please make contact with them via their website today.
Look forward to seeing you all again next year.
Georgie & the team at FGD

Christmas can be a busy time of year in the family law world. Many separated parents find it difficult to agree on what arrangements are best for their children, particularly over the holidays. It can be challenging for parents to face their first holiday after a separation, and even harder for the children.
Yes, you can go to Court to have a Judge decide what Orders will apply in your situation (if you need to do this, do it well before December), but usually arrangements agreed between the parents are more likely to work long term and suit the particular circumstances of your family.
Holidays don’t have to be a battlefield. Here are some examples of different arrangements that might work for your family:
Children with one parent from Christmas Eve until Christmas morning, and with the other parent from Christmas morning until Boxing Day.

This
arrangement tends to work for families who live close to each other. It has the
benefit of the children spending time with both parents on Christmas Day.
Usually, this arrangement alternates each year. Some parents place importance
on waking up with the children on Christmas morning, while others focus on
Christmas Eve, or Christmas lunch. The children get the benefit of enjoying
time with both parents and their families. For some families, one parent’s
tradition is to celebrate at Christmas Eve while the other tends to celebrate
at Christmas lunch. For those families, they might choose to keep the same
arrangements every year.

Children with one parent for the whole week in which Christmas falls, and with the other parent the week before or week after.
This arrangement may be more suitable if the parents do not live close to each other or if they tend to travel during the Christmas school holiday period. The advantage is that the children do not have to travel on Christmas Day and face a potentially uncomfortable handover between the parents. Again, usually this arrangement is one that would alternate each year so that the children get a chance to have Christmas Day with each parent. Some parents (and of course the children) can find this arrangement particularly hard as they don’t get any time of Christmas Day.
One of my clients had a great
idea for how to explain this new arrangement to his children. He asked Santa to
write a letter to his children explaining how lucky they were to have two homes
and two Christmases and telling them that Santa has scheduled a special
delivery of some more of their presents on their second Christmas. It made the
experience exciting and special for the kids, rather than focusing on missing
out on seeing the other parent on Christmas Day.
Children with one parent at Christmas, but spending a few hours during the day with the other parent
This arrangement might work if you have very young children. In some cases, experts recommend that very young children do not spend long periods of time (and/or overnight time) away from their primary carer. In most cases, as the children grow older, they will spend increasing time with the other parent, and this includes at Christmas.
Children spending the whole of the Christmas holidays with one parent
This arrangement, although less common, might occur where the parents live a significant distance apart (such as overseas) and the children only get to spend school holiday time one parent. For the parent not seeing the children in the holidays, they might have an early Christmas with the children before the holidays. This arrangement may also apply due to special circumstances, such as COVID19 restrictions. The parent not seeing the children may could organise for the other parent to give their gifts to the children on Christmas Day in their absence, and then speak to the children on the phone or via video call.
No special arrangement for Christmas
For some families, Christmas Day is not something they want to make special arrangements for, and instead they just stick to their existing holiday arrangements (which might be half holidays with each parent, alternating weeks, majority with one parent, etc). This suits families who are not particularly concerned with Christmas as a tradition (or are happy to celebrate it on another day) families who have non-Christian beliefs/religion, parents who don’t want to have multiple handovers during the holidays or parents who live a significant distance apart.
What arrangement is the best?
What works for one family, might not necessarily work for another. The best arrangement for your family is one that you and your ex agree is works best for your children. The above is just a small sample of different arrangements that other parents have adopted.
Whatever you decide, don’t leave it to the last minute and don’t assume you know what is happening during the holidays. Make sure you talk to the other parent early, so that you are both on the same page and have an agreed plan for Christmas and the holidays.

Article By: Kasey Fox
Director
Kasey began her family law career with us back in 2004 and was made a Director in 2013. Originally from Alice Springs, Kasey has made Canberra her home more than 17 years. She is pragmatic, thorough, passionate about her work and very protective of her clients. When necessary, Kasey is a fierce litigator, but she also is an advocate for Collaborative Law and tries to reach negotiated outcomes whenever possible.
Read More >

In most
cases when people reach a property agreement, we recommend that they formalise
it by Consent Orders. Consent Orders are made by a Registrar of the Court. That
process happens ‘in Chambers’, so it is an administrative process that doesn’t require
an attendance.
When you file your Consent Orders, there’s an application form that must be filed with the Orders (creatively called an ‘Application for Consent Orders’) that needs to be filled out completely for the Court to make the Orders. If there are already property settlement proceedings on foot you don’t need to file the Application for Consent Orders.
Often, people agree that their bank accounts or cars or superannuation will be kept out of their settlement. However, even in those circumstances, they are still required to complete the entirety of the Application for Consent Orders, which requires you to include all your property at the current value. That extends to full disclosure about your income and expenses, assets, liabilities and superannuation, whether you’ve ‘included’ it in your deal or not.
The reason for this is so that the Court can be satisfied the deal is ‘just and equitable’ overall. The Court must be satisfied of that before it can make the Orders sought, even if the Orders are made by agreement.
For example, if you and your spouse have agreed to split the equity in your house 50/50 that might be fair, but if one of you has 10 times the super the other one does, then that’s almost always a relevant consideration. The Court needs all that information to be satisfied that the overall deal is an appropriate one taking into account all of the property and each party’s financial circumstances.
Our experience is that quite often, the process of fully completing the Application for Consent Orders has the effect of informing the other party of something they didn’t know previously, and sometimes that can derail an agreement at a late stage, which is a big setback. It’s important that you and your lawyer discuss a strategy for dealing with this if it is a concern for you.
Otherwise, when your lawyer asks you for information beyond what you’ve agreed, this is probably why and it doesn’t (always) mean your lawyer hasn’t understood you or is overcomplicating your settlement. Nine times out of ten ‘getting’ the agreement is much harder than documenting or formalising it but sometimes those final stages need to be very carefully considered.
If we can help you with your property settlement, let us know.

Sydney

Email

[email protected]

Phone

02 9045 2600

Melbourne

Email

[email protected]

Phone

03 8376 7000

Canberra

Email

[email protected]

Phone

02 6115 9000

Article By: Adam Bak
Director
Adam joined the firm in 2006. Since then Adam has established himself as one of our leading litigation lawyers and has run some of the firm’s biggest cases, in both parenting and property matters. He became a director of the firm in 2013. While he now tries to help his clients reach agreement wherever possible he still regularly appears in Court and is one of our best advocates. Adam has a particular interest and expertise in cases involving businesses, corporate structures and valuation issues.
Read More >

Every family law journey to final parenting Orders is different. Some parties agree more easily than others, and enter into Consent Orders. Others take a more challenging path through the legal system, and have Orders made by the Court as a result of a Final Hearing.
Whichever your path, Final
Orders are intended to be, well … final.
However, as the Court stated in Rice & Asplund [i], change is “an ever-present factor in human affairs” and in just the right circumstances, Final Orders aren’t always so final. The right circumstances are those which meet the stringent test being that there needs to be “evidence of a significant change in circumstances” in order for the Court to entertain an application that invites more litigation for the parties involved and, that reopening the matter would be in the “children’s best interests”
It is, in this sense, that the party making an application to vary final parenting Orders had better make certain that they have an already established ‘mountain’ of changed circumstances, because a Court will not lightly turn any old molehill into something significant enough to warrant more litigation.
The reason for that was stated in SPS & PLS[ii] where the Court said that, in regards to the test in Rice & Asplund “… its application should remain merely a manifestation of the ‘best interests principle’” because, as the Court stated in Marsden & Winch “… continuous litigation over the child or children is not generally in their interests”.
Translated into plain English, this means that the Court will look at your circumstances and see if they have changed significantly enough since the original Orders were made to warrant putting your kids through another round of litigation. The stress Mum and Dad feel over litigation can often be inadvertently transferred to children, manifesting in issues with their emotional and mental health.
In order to protect children as much as possible from those issues arising, the Court will apply the test in Rice & Asplund to the circumstances outlined in your particular circumstances, and will decide whether to re-open the proceedings. You are required to put evidence before the Court of such changes having arisen since the final Orders were made, and may include things like:
One party’s desire to relocate with the child/children;New allegations of sexual abuse or family violence, or drug and alcohol issuesA substantial period of time has elapsed between the original Orders and the new application and the children’s needs or wishes have changedThe original Orders are no longer reflective of the current arrangements for the children;That there was serious misinterpretation or later breaches of the Orders.
The Court will not consider circumstances that were materially similar to those which existed during the original proceedings, such as in the case of Searson & Searson.[iii] In that case, the mother asserted that her new partner (whom she had been dating during the original proceedings) had significant involvement in the day to day lives of the children and she wanted to start a family with the man. She also asserted that her financial situation could be drastically improved by moving to Queensland from New South Wales with the children to live with him and share expenses.
The Court found that the mother was raising issues in her application that she should have raised during the original proceedings given that her relationship and financial circumstances were materially similar at the time of those proceedings. Accordingly, the Court dismissed her application.
In short, as was stated in King & Finneran[iv], “… the change or fresh circumstances must be such that on becoming advised of it and being satisfied of its existence the court will be left in no doubt that it was necessary to relitigate the parenting issues.”
In English: the new circumstances must be so different from the time when the original Orders were made, that it would be like litigating an entirely new matter. [v] In addition, the benefits of re-opening the matter would need to greatly outweigh the negative impact litigation can have on all the parties involved, including the children.
The test in Rice & Asplund is a high standard that few are able to overcome. If you jump into litigation without advice, or sufficient evidence, you could be at risk of a costs Order being made against you.
If you are considering making an application to the Court to vary the final parenting Orders that are in place in your matter, please reach out to one of our legal experts who can assist you before you make your application.
References

[i] In the Marriage of Rice v Asplund, C.J.(1979) FLC 90-725.
[ii] SPS v PLS[2008] FamCAFC 16, at [48].
[iii]Searson & Searson [2017] FamCAFC 119.
[iv] King v Finneran[2001] FamCA 344; 2001 FLC 93-079.
[v] Ibid.

Article By: Renata Hercok
Family Law Solicitor
Renata is interested in a range of issues that arise in parenting matters, including those involving relocation (international and domestic) and associated issues such as international child abduction. She is also interested in matters involving same sex couples, as well as adoption and surrogacy cases, and matters involving disputes over the parentage of a child.
Read More >

In 2020, more than ever before, social media and digital communications are being used as evidence in Family Law proceedings. Given the COVID19 Pandemic, people are more commonly resorting to technology and social media to communication with each other.
4 common mistakes people make:
Assuming it is private
Just because you aren’t connected with your ex on Facebook/Instagram/Snapchat/Zoom etc., and/or have high security settings, don’t assume what you’ve posted will stay private. Remember, people can record video calls, take screenshots and gather examples of what you have said and done without you knowing. In divorces, negatives things you say and do have a way of getting back to your ex, and to the Court. You should assume that anything you post, comment on, or say in a video call, can and will be used against you in a dispute.
I understand that you might be angry with your ex, and need a place to vent, but social media is not the place to do it, particularly if you have kids. This includes commenting on other people’s posts, posting in groups, posting inappropriate photos, sending private messages, etc. If you are about to post something that could offend your ex in any way or be used against you: just don’t do it. Before you hit the button, think to yourself, What would the Judge think if they were seeing this? Because chances are, if you end up in Court, that is exactly who will be reading your posts (along with the lawyers, your ex, the child experts etc).
Liking, Loving and Sharing
Just because you didn’t originally write that post, say that quote or create that meme, doesn’t mean it can’t be used against you. True, you may not have written the words my ex is a deadbeat (for example) but if you just shared someone else’s post that says exactly that, or hit like on someone’s post, or meme that says the same, you may as well have said it yourself. Resist the urge to ‘like’, ‘love’ or share such posts.
Drunk dialling
Had a glass of wine and think it would be a great time to tell your ex what you really think of them? Trust me, it’s not. Texting, emailing, messaging and video calling are just as bad (if not worse).
#TMI
Sometimes posting on social media is not only unwise, but it could be a criminal offence. Under section 121 of the Family Law Act, if you publish an account or part of proceedings that identifies parties to a dispute, or a witness, you may be found guilty of an offence, with the possibility of imprisonment. My recommendation is that if you are involved in a family law matter that is in Court, do not post ANYTHING about the case or the people involved, anywhere. The golden rule: If you don’t have anything nice to say, DON’T: say, write, post, like, comment, or share it!
Have you posted something you shouldn’t have?Contact me for advice about how this may impact your family law matter and what to do next.

Article By: Kasey Fox
Director
Kasey began her family law career with us back in 2004 and was made a Director in 2013. Originally from Alice Springs, Kasey has made Canberra her home more than 17 years. She is pragmatic, thorough, passionate about her work and very protective of her clients. When necessary, Kasey is a fierce litigator, but she also is an advocate for Collaborative Law and tries to reach negotiated outcomes whenever possible.
Read More >

Shared care is something that many parents wish they had, but for some it seems like an unachievable goal, particularly after a messy separation. But in some cases, if both parents are able to put aside their differences and work together, shared care can work very well.
For shared care to be in the children’s best interests, it largely comes down to the parents, their attitudes and their post separation relationship. One of the tools used to assess whether shared care is appropriate is the Parental Alliance Measure. This evaluates the parenting aspects of the parents’ relationship and each parent’s perception of the strength of their parenting alliance. Key areas include how cooperative, communicative, and mutually respectful the parents are with each other with regard to caring for their children.
Often, it is the lack of mutual respect either one or both parents have for the other, which is their downfall. This is particularly so where there has been a history of family violence or controlling behaviour by one parent over the other.
Developing a Parental Alliance can be key to making shared care a success. It is based on the mutual positive regard parents have for each other as parents. If the parents try to impose a shared care arrangement on children where this alliance is lacking, it can be difficult for all involved, particularly the children.
Some studies have found that rigid arrangements, often fuelled by poor cooperation, have been associated with higher depressive and anxiety symptoms in children.
So what can you do to make a shared care arrangement more likely to work and be beneficial for all?
Develop a joint plan
It is important to come up with a plan for how things will work practically both in the short term and the long term. You might be able to get along now, but sometimes things change, so it is good to have a backup plan that will apply if you later cannot agree. A plan also means that as the parents, you tell the children what is going to happen. It gives them some certainty in what can be a very uncertain time and avoids putting the children in the middle.
Be flexible
Once you have the default plan in place, you may from time to time need to vary from it (such as when COVID19 changes the environment for everyone). You might feel frustrated that you miss out on your scheduled time because of a change, but remember, flexibility goes both ways and focus on what will be best for the children.
Don’t assume the worst
Sometimes things go wrong – people run late, forget to do something or make mistakes. Don’t rush to assume that something the other parent does is a deliberate choice by them to do something to upset you. It might be that they are just a parent having a bad day.
Be Respectful
No matter how upset you are, lashing out at the other parent is not going to be good for anyone. It is also very important that you are respectful when talking to your children about your ex. Saying bad things about the other parent in front of the children only serves to hurt your children.
Get educated
No parent is perfect. Separation is a stressful time for everyone and every parent can take positive steps to learn more about how separation impacts your children and what you can do to help them. There are many great services out there offering parenting courses as well as support groups for parents (and children) who need assistance.
Don’t obsess about ‘equal’ time
Having a ‘shared care’ arrangement is not about ensuring you have mathematically calculated the exact number of hours/days/nights that each parent has with the children. It is not about what is fair, it is about what works best for the children. Focus on quality time with the children, not quantity.
What to do next?
Not all Family Lawyers encourage you to go to Court – in fact – that is the last place I want you to go (particularly if you want shared care!) But that doesn’t mean avoiding legal advice. Legal advice is just one piece of the puzzle in developing a plan that will stand the test of time. Before you jump in the deep end, get some advice from a lawyer who specialises in family law.

Article By: Kasey Fox
Director
Kasey began her family law career with us back in 2004 and was made a Director in 2013. Originally from Alice Springs, Kasey has made Canberra her home more than 17 years. She is pragmatic, thorough, passionate about her work and very protective of her clients. When necessary, Kasey is a fierce litigator, but she also is an advocate for Collaborative Law and tries to reach negotiated outcomes whenever possible.
Read More >

We are pleased to announce that the Farrar Gesini Dunn’s team has been recognised again in the prestigious Doyle’s Guide listing for 2020. We have been recognised at the highest levels ever since the list was published for the ACT.
Farrar Gesini Dunn’s Estates Director, Timothy Morton, has been personally listed as a Preeminent Lawyer in in the areas of Wills, Estates & Succession Planning, and Wills & Estates Litigation. On the strength of this, the firm is listed as a Second Tier Firm in both of these areas.
We are proud to be supported by specialised and hard-working team of estate lawyers, paralegals, and legal assistants. While they are not on this list (yet), their contribution to the work of our team makes these kinds of achievements possible.

We are honoured by the recognition we have
received from fellow legal professionals and accountants. We are committed to continuing
to improve the way we assist our clients, whether by ensuring they have a
suitable estate plan in place, or by assisting them through what may likely be
the most difficult times of their lives.

We are honoured by the recognition we have received from fellow legal professionals and accountants. We are committed to continuing to improve the way we assist our clients, whether by ensuring they have a suitable estate plan in place, or by assisting them through what may likely be the most difficult times of their lives.
If you would like to speak to a member of our Estates team regarding how we can best assist you, please call us on (02) 6181 2050.

Given the unprecedented times we are
experiencing, we all reflect on our lives and whether we have done enough to
ensure our plans are robust to withstand an uncertain future.  This may
include one’s estate planning.
In our article in these uncertain times we have got you covered, we outlined possible ways you could continue to provide instructions in relation to your estate planning needs. The difficulty then arises, how can we sign and have the documents witnessed.
There is generally a requirement that Wills, enduring powers of attorney, appointments of enduring guardians, appointments of medical decision-maker and the like must to be signed in the physical presence of the witnesses.  The current regime of social distancing and self-isolation, has resulted in significant hurdles for clients to finalise their estate planning.
Noting the difficulty of social distancing and self-isolation, the NSW Government, on 22 April passed Regulations which allow for the signing and witnessing of your estate planning documents (Wills etc) by audio-visual link, including video conferencing.
The ACT and Victoria have now enacted similar provisions for the witnessing of documents in those jurisdictions.
In each of these jurisdictions, it is not possible for the witness to merely observe the documents being signed over audio-visual link and consider that job done. Rather, the document needs to be amended to describe the steps the witness took to ensure the document was appropriately signed. We have prepared a series of such statements, and are able to apply these to our documents with ease.
In the months that have passed since this article was first released in April 2020, we have witnessed a range of documents via audio-visual link in the ACT, NSW and Victoria, and are well-placed to assist you as well.
We understand the importance of having your estate planning in order and we have developed strategies to assist you complete your estate planning, while complying with the requirements of social distancing.
If you want to discuss your estate planning or wish to use NSW law audio-visual link to finalise your estate planning, you can contact us at [email protected] or by calling (02) 6181 2050.

Article By: Craig Painter
Director
Craig comes to law with a varied background; he was a tradie straight from school completing a fitter & machinist qualification, a teacher at secondary schools, a basketball coach and now solicitor after moving to Canberra in 2003. Craig’s background has equipped him with skills to look at a problem from all angles to find solutions to best suit the client.
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If I had written this article five years ago it would have said – when selecting a family lawyer choose one that is confident, knows the law well, has a good reputation and a winning record (or something like that). Now I have been practicing as a family lawyer for more than 10 years and I think have some wiser insights, so read on because I have six tips to ensure you choose the right family lawyer.
The first one is fit. When I was researching engagement rings the best article I read said that you need to find out what your future-hopefully-fiance wants. If you buy the most beautiful round diamond ever, but all your fiancé has dreamed about from age 3 is a pear-shaped stone, then she’ll be disappointed no matter how objectively good the one you got it. Family lawyers are a bit the same. You need to find one who fits with you. There’s heaps of variables – aggressive vs collaborative, old vs young, male vs female, phone calls and meetings vs everything in writing. We can adapt to what our clients’ preferences are but if the natural fit is off it’s going to be an experience that you find frustrating and adds to your stress. So you need to find out who fits. I think that’s the biggest one.
Maybe a function of that but I think the next one is communication. You can tell over time which clients you have/had a really open and honest communication with and who was a bit guarded. Some people are naturally more private but the lawyer/client relationships that are professional but friendly, easy, and underpinned by a clear mutual trust and respect are much more effective. Some of this goes to communication medium – as I tell Jim frequently these days, communicating significant issues over text message or social media is very normal for some clients – but a lot of it is content too. You have to communicate effectively with your lawyer. This includes what you want, what you’re disappointed by, what your concerns are; if you’re worried about raising any of those things that’s a real indicator the relationship isn’t right for you.
I think the best family lawyers are specialists. It is a highly specialised area. I’m sure there are some excellent lawyers in Australia doing family law work who aren’t family law specialists but they are the exception not the rule.
If you’re struggling to find a lawyer, go and watch Court. The court duty lists are all public and you can sit at the back and watch for a day or a week until you find one who has a rapport with their clients and the Judges that you think would suit you. I’ve had quite a few people approach me at Court to ask for a card over the years – some were there shopping and some weren’t – but I always think it’s a more ‘frontline’ place to find a lawyer than by reading profiles or reviews on Google.
You need to know what winning is to you. If you need an outcome immediately, and your lawyer is a plodder, that’s not going to work. If you need someone to really go into bat for you, and your lawyer is totally outcome-focused, then that might not work either. But before you know if your lawyer is right for you, it’s worth taking the time to consider what the most important things are to you – some suggestions are maintaining an amicable relationship, privacy, immediacy, minimising stress, minimising cost, a ‘fair’ outcome, the ‘best possible’ outcome, etc.
Finally if your lawyer can’t or won’t talk to you about fees I think you have to go somewhere else. All lawyers are expensive but the good ones normalise a conversation about costs.
We do our best at FGD to have our client services managers (and lawyers) talk to current and new clients about the above to ensure we match our clients with the right lawyer. If you think your current lawyer might not be right for you give us a call to see if a change is in your interests.

Sydney

Email

[email protected]

Phone

02 9045 2600

Melbourne

Email

[email protected]

Phone

03 8376 7000

Canberra

Email

[email protected]

Phone

02 6115 9000

Article By: Adam Bak
Director
Adam joined the firm in 2006. Since then Adam has established himself as one of our leading litigation lawyers and has run some of the firm’s biggest cases, in both parenting and property matters. He became a director of the firm in 2013. While he now tries to help his clients reach agreement wherever possible he still regularly appears in Court and is one of our best advocates. Adam has a particular interest and expertise in cases involving businesses, corporate structures and valuation issues.
Read More >

As a Family Lawyer, we come across lots of different
forms of domestic violence. Some of those forms are more obvious, like physical
or verbal abuse. Occasionally, we hear from clients who are terrified because
they have good reasons to believe that their ex is stalking them by tracking
their location or reading their messages.
This guide is written to help people in domestic violence situations take simple steps to avoid cyberstalking. It is not legal advice.
1. Changing your password
Regardless of whether you think your ex is stalking you, it is good practice to regularly change all your passwords. Most people use the same password for all their accounts and this is very dangerous. It means that if your ex has the password to one account they are likely able to access all your accounts using the same password. Therefore, it is ideal to have different passwords for different accounts.
2. Changing your security questions
Your ex is likely to know the answer to your security questions. You should change them and ensure that they are very personal questions that only you yourself know the answers to.
3. Disabling mobile phone tracking
If your ex has access to your iCloud or Google Play account, they are likely going to be able to track you through ‘Find my phone’ style applications. You can prevent this by changing your password or uninstalling the relevant applications on your mobile phone.
If you have followed the above advice, and still feel unsafe, you can try the options below:
1. Create completely new Google or iCloud accounts and start your digital identity from scratch.
This is done online by searching ‘sign up’ or ‘create new account’ on the relevant websites. Be sure to delete your existing account and safely back up any data you wish to keep from these accounts.
2. Factory reset your phone or buy a new phone.
Ensure that all your data is backed up on a reliable and safe storage device/system beforehand.
3. Factory reset your computer and create new Microsoft or Apple (usually connected to iCloud) accounts.
Ensure that all your data is backed up on a reliable and safe storage device/system beforehand.

Taking Legal Action
If you are being stalked, you may be able to take legal action. We recommend you contact a lawyer experienced in family law and domestic violence laws to assist you with this.

Article By: Jiaying Goh
Solicitor
Jiaying is a tech savvy family law solicitor from Farrar Gesini Dunn. If you are a looking for lawyer with creative problem solving approaches, quick turnaround times and a background in finance, Jiaying is the right person to speak to.
More about Jiaying >

Disputes about property settlement effectively uses the following approach:
The Threshold Test
The Court first considers whether or not it is just and equitable for the Court to make any orders at all. In most cases, this test is readily established (for example, when parties have joint assets accumulated over the course of a relationship that need to be divided to effect a settlement). Sometimes one party argues that it isn’t just and equitable for the Court to make any orders and that’s become a more significant issue since a 2012 High Court decision called Stanford. It must be satisfied now as a preliminary, ‘threshold’ style argument.

The Four Step Approach
If the answer to the question above is yes, then the next
steps are to:
Identify the property of the partiesAssess the contributions made by each partyConsider the future needs of each partyEnsure the result is fair
Each of those steps presents a chance for disagreement
between the parties.
1. Identify the property
The Court identifies the property of the parties or either of them, and determines the value of the property at the date of hearing. This includes superannuation. In a negotiated settlement the date of the agreement is the relevant date (importantly, not the date of separation).
This step is a bit like ‘defining the asset pool’. The two issues at this step are usually about:
Ownership; orValue.
The starting point is that all property of either party is included at the date of a settlement (or a hearing), regardless of when and how it was acquired. This includes property held overseas and property jointly owned with any third party. If someone has disposed of property maliciously or inappropriately (for example the classic “sold my Ferrari to my brother for $50” trick) it can be ‘added back’ but add backs are pretty unpopular these days and the Court prefers approaching those kinds of situations using other remedial measures.
Disputes about ownership usually revolve around equitable claims or complex commercial structures. I could write a different article on those but our experience is that ownership for ‘family law purposes’ is often very different to ownership at law or ownership for tax purposes. You need to be very wary about relying on advice that trusts or companies are useful tools to protect your property against a claim by your spouse.
Disputes about value are determined a jointly appointed Single Expert or in some circumstances by competing expert evidence as to value. Valuing houses and cars is usually relatively straight forward but valuing commercial property or businesses can be very complicated.
2. Contributions
This is a retrospective analysis of the parties’ respective
contributions. The question asked by the Court is overall in what proportions
did these parties contribute to the acquisition, conservation and improvement
of their property?
Day to day contributions are usually assessed as equal and not mathematically scrutinised. The Court does not undertake an accounting exercise to assess who paid for what on a day-to-day basis. Usually if one party was the one who mainly earned an income whilst the other cared primarily for the children and managed the household, their respective contributions are assessed as equal. There is no automatic or default approach to this but rarely does the Court say that one party’s contribution as an income earner is more valuable than the other party’s contribution as a homemaker, or vice versa. In a marriage or defacto relationship parties sign up to do those things together, albeit they may do them in wildly different proportions.
Windfall type contributions, such as lump sum gifts,
inheritances and compensation payouts are treated differently. The weight
attributed to these types of contributions depends on how much was received,
when it was received, and the circumstances surrounding the receipt and
application of the funds.
Each party’s contributions is usually expressed as an
assessed percentage – for example contributions might be found overall as
having been made 60% by one party and 40% by the other.
3. Future Needs
Once contributions are assessed, the Court considers whether
or not there should be an adjustment to the percentages to account for the
future.
The common factors that lead to adjustment are disparity in age, health, income, earning capacity, care arrangements for children, or a combination of one or more of those factors. There are other factors that can be relevant.
If two parties are both 40, healthy, earning a relatively
high level of income, similarly positioned for career advancement and have equal
time of children, then very probably no adjustment will be made by the Court.
On the other hand, if both parties are of similar ages and in good health, but Party A earns around $20,000 per annum (with low prospects of earning a higher level of income) and has nearly full time care of two young children whilst Party B earns around $150,000 per annum (with high prospects of continuing to earn a similar or higher level of income) with very limited time with the children, then it would be appropriate for the Court to adjust the percentages arrived at in Step 2 above to favour Party A, to account for the fact that Party A will have greater needs at least for the near future as compared to Party B. Put differently this step takes into account how each party exits the relationship and what the future holds for them.
The weight of any adjustment depends on the significance of
the particular factor versus the size of the asset pool as well as the length
of relationship. The rationale behind this is really to ensure neither party is
significantly disadvantaged by the role that they undertook during the
relationship (which usually is presumed to be a joint decision).
The percentage adjustment at this step is then applied to
the percentages in Step 2. So for example if the parties’ respective
contributions are assessed as 50:50 in Step 2, if an adjustment of 10% is
warranted to Party A in this step, then the overall percentage will be 60% to
Party A and 40% to Party B.
4. Just & Equitable
Once an outcome is concluded in percentage terms, the Court applies a sort of ‘check’ to see whether the overall outcome is fair. This rarely influences the ‘percentages’ but the Court can, at this step, change the outcome that would otherwise be determined so as to result in an outcome that is just and equitable.
Other Important Things
The four step approach above can apply differently to superannuation as compared to non-superannuation assets. Some of the future needs factors may not attach as readily to superannuation assets.The factors and approach taken in each matter is nuanced and different based on the facts of each matter. No one case is the same as another.The Court does not undertake a mathematical approach in relation to the assessment of percentages, it is a discretionary approach and often times there is a range of percentages that is possible in each matter.  There is a ‘range’ of ‘correct’ outcomes in most cases.Property settlement should be considered alongside other financial related matters such as child support, adult child maintenance and spouse maintenance so as to impose a proper and complete overall settlement.

Article By: Adam Bak
Director – Family Lawyer
Adam has a particular interest and expertise in cases involving businesses, corporate structures and valuation issues. He represents business owners and their spouses and knows all the strategies for both sides. He understands balance sheets and complex financial documents as well as the commercial realities of running a business.
More about Adam >

Recently, we bid farewell and good luck to Kathryn Heuer, who has been a director of FGD since 2005. Having practised in both family and estates law since 1989, the breadth and depth of her expertise has ensured her reputation as a highly regarded legal practitioner in all matters relating to complicated family relationships is unquestioned. 
Kathryn’s time at FGD is preceded by a highly impressive
list of achievements, most notably her role as Registrar of the Family Court.
Having worked as Registrar, Kathryn had the skills and insight expected of a
leading family lawyer in Canberra.
During her time at FGD, she has skilfully led our Estates
team whilst continuing to practice in family law. She is considered one of the
leading Estates lawyers in Canberra, having been recognised several times in the
Doyle’s Guide as such by her peers.
In both her key practice areas, Kathryn is known for her
empathetic approach to achieving desired outcomes for clients where emotions
run high, her focus on encouraging the resolution of matters outside of Court,
and her commitment to helping people directly.
For us at FGD, Kathryn was also a warm and caring colleague
who would always be ready to listen. She was known for her love of cooking
(with her chocolate pavlova being an office favourite) as well as travelling.
Kathryn was a role model and mentor for many of us at FGD.
She embodies the very essence of FGD and our collaborative focus, in helping
clients through arguably the most difficult time in their lives.
We will dearly miss Kathryn and wish her the very best for
the future.
Even though Kathryn has moved on from FGD, our Estates team will continue to provide specialised Wills and Estates services to our clients, under the leadership of our directors Timothy Morton and Craig Painter. Tim has an extensive background in assisting clients in all things Estates – from detailed estate planning, to litigation regarding Wills and family provision. Craig brings his broad expertise in assisting clients with their estate planning and commercial matters. Both Tim and Craig intend to carry on Kathryn’s valued legacy.
And of course, our Family Law team will continue to provide the legal expertise, care and empathetic approach that Kathryn brought to the table. Her good friend and fellow Director Juliette Ford continues to head up a team who provide the same level of care and legal expertise.

How are the Courts dealing with the Covid-19 pandemic?
The Family
Court of Australia and Federal Circuit Court of Australia have recently
released directions about urgent family law applications filed in their Courts
as a direct result of the impact of the coronavirus pandemic (COVID-19).
If your parenting issue has arisen as a direct result of the COVID-19 pandemic, and is urgent, you can apply for your case to be fast-tracked to the next available Court in Australia.

What type of parenting matters are urgent?
Examples that
the Court gave of cases that would be suitable for fast-tracking include:
Where
current parenting arrangements involve supervised contact, but the contact
centre is closed or the supervisor is unable to perform their role, and you and
the other parent cannot agree on an alternative arrangement;Where
you and the other parent live in different States or Territories and the child
cannot travel between the parents’ residence due to border restrictions;Where
you or the other parent, or the child/ren have tested positive for COVID-19 and
cannot fulfil the parenting obligations due to sickness or concerns about
infection; andWhere
there is an increased risk of family violence resulting from the restrictions
imposed during the COVID-19 pandemic.
If you wish to
have your parenting matter urgently addressed, you will need to prepare Court
documents explaining:
How the dispute has arisen as a result of COVID-19;Details of any current allegations of risk to children or parties, such as a risk of child abuse or family violence;Details of you and the other parent’s reasonable attempts to resolve the dispute through negotiation, or details as to why it wasn’t (or isn’t) safe to resolve the dispute by negotiation; Details of how you propose to serve the other party with your Court documents; andCopies of any current family law orders, parenting plans, family violence orders, intervention order or domestic violence orders.

How do I get urgent court orders?
If you think your parenting matter is urgent and you need Court Orders, we recommend you contact a specialist family lawyer experienced with parenting cases to discuss your eligibility and to provide advice and assistance to you with preparing your documents.

How can I attend my Court hearing during the Covid-19 pandemic?
The Family Court and Federal Circuit Court currently conduct hearings over phone or through video conferencing. If you have a hearing over the phone, the Court will send you or your lawyer an email with the details for you to call for your hearing. If your hearing is via video, the Court will send you or your lawyer a link to join via a video call.
If you are attending via video conference, you are expected to dress professionally, as if you were attending the hearing in-person in a courtroom.
For more information in relation to the above article or in relation to your family law matter generally, please contact one of our specialist family lawyers on 02 9045 2600 or through our website at www.fgd.com.au

Article By Jiaying GohJiaying Goh is a family law solicitor from our Sydney Office.

Given the unprecedented times we are experiencing, we all reflect on our lives and whether we have done enough to ensure our plans are robust to withstand an uncertain future.  This may include one’s estate planning.
In our article in these uncertain times we have got you covered, we outlined possible ways you could continue to provide instructions in relation to your estate planning needs. The difficulty then arises, how can we sign and have the documents witnessed.
There is generally a requirement that Wills, enduring powers of attorney, appointments of enduring guardians, appointments of medical decision-maker and the like must to be signed in the physical presence of the witnesses.  The current regime of social distancing and self-isolation, has resulted in significant hurdles for clients to finalise their estate planning.
Noting the difficulty of social distancing and self-isolation, the NSW Government, on 22 April passed Regulations which allow for the signing and witnessing of your estate planning documents (Wills etc) by audio-visual link, including video conferencing. It is not as simple as having a video conference and that is it. The witnesses need to take further steps, but it is a step in the right direction.
Notwithstanding
the lead shown by NSW, the ACT, Victoria and Queensland does not yet have similar
provisions.  At this time, it is not
clear whether these other jurisdictions will follow the lead of NSW.
We understand the
importance of having your estate planning in order and we have developed
strategies to assist you complete your estate planning, while complying with the
requirements of social distancing.
If you want to
discuss your estate planning or wish to use NSW law to finalise your estate
planning, you can contact us at [email protected].

You’ve probably heard the phrase ‘jack of all trades but master of none’ before.  Sometimes you need a master: a specialist in a particular area that is an expert in that field. In the areas of family law and criminal law having a master in your corner is essential.
The specialist areas of family law and criminal law intersect more than most people would initially expect. It is not uncommon for allegations of family violence, including sexual assault, to emerge during a messy separation or child custody dispute. Similarly, from time-to-time relationships breakdown amidst the stress of serious criminal charges and the parties need assistance in the family law arena.
Adam Bak, Director at Canberra’ leading family law firm, Farrar Gesini Dunn and Peter Woodhouse, Managing Partner of Canberra’s preeminent criminal defence firm, Aulich, have been collaborating with each other for in excess of 10 years. They each know how the other operates and they know their respective clients are in great hands if they refer to the other.
In family law proceedings, usually the best strategy for a
person who faces an allegation is to address it promptly and
comprehensively.  If they don’t address
it then the court can, in some circumstances, infer that the evidence they
would have given would not have helped them. 
This is a significant risk in the short term and the long term; it can
result in adverse outcomes in both financial matters and mean that a parent may
not see a child for an extended period (or on a final basis).
Criminal proceedings are different.  Every accused person has the right to silence and, in most cases, it is a very bad idea to go ‘on the record’ and give a version until the full extent of the case against you is known.  Many times, it is best for an accused to retain their right to silence right to the end of their criminal proceedings. Forgoing the right to silence by speaking to police or giving a version in writing can severely restrict your defence to a criminal charge.
It is necessary therefore to ensure the risks for both family and criminal law matters to be weighed against each other and a considered, well-crafted strategy be arrived at.  Both areas of law are very specialised.  Using a generalist solicitor might mean that one lawyer handles both cases for you but means you don’t get specialist advice in either field. We think the best course is to have two specialists handling each matter but working together.
This is not always black and white. In some cases, the risk of being found guilty in criminal proceedings and facing a lengthy prison sentence might be the most significant factor. In other cases, mismanaging the family law matter could have dire financial consequences or mean you don’t have a relationship with your children. 
Family and criminal law matters are some of the most
stressful legal disputes people can experience in their lives.  The consequences for each can be life
changing in either a good or catastrophic way.
Bak and Woodhouse, and their colleagues at Farrar Gesini
Dunn and Aulich are lucky to have an excellent working relationship in
cases like this.  Each are aware of the
issues the other is dealing with in their specialised area and will work
together to ensure you are best protected.
If you or someone you know is involved in a case like this,
and worried your case isn’t being properly managed, contact us to see how we
can help.
Peter Woodhouse is a criminal law specialist and Managing Partner at Aulich.
Adam Bak is a family law specialist and Director at Farrar Gesini Dunn.

A key concept in the law of
Wills is the freedom to divide your estate as you see fit.
In the ACT, if a willmaker had
capacity to make a Will, intended the document to be a Will, knew and approved
of the Will’s contents, and was not subject to undue influence or fraud, they could
decide how to distribute their estate.
Testamentary freedom is
limited by the fact that a willmaker would have some responsibility to provide
adequately for certain family members. Failure to do so would allow those
disappointed beneficiaries to make a family provision claim against the estate.
This is what is most often meant when someone talks about ‘challenging a Will’.
There
are other very important (and increasingly common) ways to challenge a Will
that could result in the whole Will being held to be completely invalid. There
are several grounds on which the essential validity of a Will can be challenged
in the Australian Capital Territory.

Testamentary capacity
In order to have testamentary capacity,
the willmaker must understand what a Will is, the nature and extent of the
assets, who is in their family and be able to balance the relative needs of
their family members. They must also not suffer any delusions that affects how
they divide their estate.
You may challenge a Will if the willmaker
fails any single element set out above.
A person’s testamentary capacity may be
affected by underlying health conditions, such as a degenerative illness of the
mind. However, having an illness such as dementia does not automatically mean
that the testator lacks testamentary capacity.

Intention
to make a Will
The willmaker must also have
intended the document to have the effect of a Will. For example, a document
which expresses their wishes in a non-binding manner, or a mock Will, will not
be admitted as it does not intend to be legally binding with respect to their
assets.

Knowledge
and approval
A willmaker must know and
approve all of the contents of a Will. It is not enough that the willmaker
knows and approves of ‘the gist’ of a Will in giving most of their estate to a
particular person – smaller, specific gifts must also be known and approved.
This requirement is to ensure
that the text of the Will reflects what their actual wishes are in distributing
their estate.
If there are suspicious
circumstances surrounding the making the Will, then the person claiming that
the Will is the last Will will be obliged to dispel the suspicion.

Undue influence
Undue influence is very
difficult to prove because the bar is very high. It is not enough to show that
someone pressured, cajoled or persuaded – the testamentary freedom of the
deceased must have been compromised.
The person who claims that
undue influence was exercised must show that someone forced the deceased to
make a Will that does not reflect the deceased’s own testamentary intentions.
What
can be done if a Will’s essential validity cannot be challenged?
Where
the essential validity of the Will cannot be challenged, certain family members
may be able to make a family provision claim on the estate. Where an
application is made, the Court would need to consider whether the applicant is
eligible to make a claim, and whether they have been adequately provided for
from the deceased’s estate.
The FGD Estates team are specialists in providing advice on challenging a Will on the above grounds, and making family provision claims. If you seek advice on what your entitlements are in making such a claim, please do not hesitate to contact our Estates team by calling (02) 6181 2050.

Article By Jessica Win, Graduate at FGD

At FGD we understand that the current living arrangements are tough on parents and children – and particularly those from families with separated parents. In order to help you arm yourself with some information and hopefully avoid conflict over the coming days and weeks we have put together some answers to frequently asked questions from parents.

Can my kids still go to the other parent’s house if there is a complete lockdown?
If the Federal Government, or the government of the state or territory that you reside in, directs that no person can leave their place of residence then you will have to comply with those Directions. However, this is not yet the case in any of the States or Territories and if a lockdown does occur, it may be that there are exemptions for separated parents.  In the meantime, the message from the Family Court is that you need to comply with Court Orders (if you have some) provided that doing so is in the children’s best interests.
If your children are unable to stay with their other parent, as they usually would, then you should investigate other options for them to communicate – such as through regular Skype or Facetime calls. 

My Ex has supervised visits with my kids at a playground.  It’s court ordered. What happens now?
There should be no reason why supervision cannot continue to occur, provided that the supervisor is able to comply with government guidelines about social distancing. If your visits are supervised by a professional supervisor you should talk to them about what alternatives are available.

We do handover at McDonalds due to Family Violence, if McDonalds closes it’s not really a safe place to swap, what do we do?         
Get on the front foot.  What other options do you have?  What do you need for you and the children to be safe and minimise the risk of conflict with the other parent? Think of a few options and propose these to the other parent before this becomes a problem. For example, perhaps you have a supportive neighbour who is at home right now and they are willing to be present in their front yard if changeovers are going to occur at your house. Other options might include places that have CCTV such as petrol stations, or supermarkets, or, if you cannot find anywhere else, a police station might be an option.

My Ex doesn’t agree we should keep the kids home from school, we have shared care, he sends them to school and I don’t…what can I do?
At the time of writing this blog, and to the best of our knowledge, parents are still able to decide whether or not they want to send their children to school or not – except for the State of Victoria where all schools have now closed for school holidays.
The arrangements for your children need to be in their best interests.  If your children are not coping well with the uncertainty of going to school some days, and not others, then it may be best for them to be consistently sent to school.  However, this will depend on the needs of each child. As all parents know, with children there is no one size fits all approach.
Keep in mind though that if your child is going to school at all, even on some days, then they may unknowingly be exposed to another child or person with COVID-19.  If you have vulnerable people living in your household when the children are with you then this should be considered.

What happens to child support paid to me by my ex if has been stood down?
If your ex updates his information with the Department of Human Services (Child Support) then they will likely issue a new Notice of Assessment based on his updated financial circumstances.  In order to get an idea for what your new Notice of Assessment may be you can use this online child support estimator.  It may not be exactly right but it’s a good initial guide.

Every second weekend my Ex stays at my house to see the kids and I go to a family member’s house, can we still do this in complete lockdown?
If you and your family are in self-isolation during complete lockdown then your ex may not be able to come to your house and you may  be unable to go to your family’s house.  This is particularly important if your family member is elderly or a vulnerable person. Raise your concerns with your ex early so that you can jointly develop a plan as to what you are going to do to manage this. One option might be staying under the one roof, but in separate areas of the house.

What happens if the Court closes and I have a Family Law Matter?              
There are significant changes
to the way that the Court is currently running hearings and Court events.  This is to ensure that the Court staff are
protected from risk and that the Courts can remain open and continue to offer
their important service for as long as is possible. At this time the Family
Court and the Federal Circuit Court is still open.
If your matter is already before the Court (if you or the
other party has previously filed an Application) then your matter will
proceed.  It may no longer be by way of a
physical attendance at Court and if your matter is not urgent, it may be
delayed.  The Court is managing the lists
to make sure that urgent matters are given priority.
If your matter is not already before the Court then you can still file an Application.  However if your matter is not urgent then it may mean that you have to wait slightly longer before your first court date is scheduled.

While circumstances continue to change very quickly, you should ensure that as much as possible you comply with the directions of the Federal Government, your local State of Territory Government and with Court Orders. If in doubt  – call your lawyer. At FGD we continue to operate remotely and can talk to existing or new clients who need urgent advice.