Blog | Court process
Admissibility of opinion evidence & expert evidence in family law matters
Under section 76 of the Evidence Act 1995 (Cth), as a general rule, opinion evidence is inadmissible in Court to prove the existence of a fact about the existence of which an opinion is expressed. However, each court has rules of conduct for the giving of evidence by...
Do I have to mediate before court? The exemptions Explained
Are you planning on filing an application for parenting orders? Wondering whether you have to mediate before court? Under s60I(7) of the Family Law Act, a Court exercising jurisdiction must not hear an application for parenting orders unless the applicant files a...
Interim Parenting Orders
Why can’t the judge make the orders I want at the first court date? When a parenting dispute is before the family law court, until a trial, a judge is not permitted to make findings of fact in relation to the issues in dispute between the parties. At a trial,...
Recordings as evidence in Family Court
We are finding that parties are increasingly asking about their right to record their ex-partner and to use those audio or video recordings as evidence in family law proceedings. Read on to answer the important question ‘Can I record a private conversation...
Parental Alienation in Family Court Disputes: Part 2
In our last blog we looked at parental alienation, the significant impacts of it on parents and children and some remedies being implemented by the courts in order to protect the child from this disease which is prevalent, in differing degrees, in family court...
