Don’s Family Law Blog

The Federal Attorney-General advertised in Saturday’s Courier Mail for expressions of interest for a judicial appointment to the Family Court of Australia in Queensland.

This, of course, is a change of style from past Attorneys- General where a “tap on the shoulder” was the go.

It’s been 3 years since the last appointment and with the ever decreasing size of the numbers of the Family Court judiciary, a rare opportunity.

Practitioners will be hoping for a “strong” appointment.

Aussiedivorce is now offering an “Online Property Settlement Outcome”.

Good luck to Alan Weiss, but I really do doubt the ability of the adviser to provide unconditional advice for about $300 - $400 (being whan an average lawyer charges for a single hour’s work).  Mr Weiss accuses some lawyers of “unrealistically” raising “a client’s expectations”.   I fear Mr Weiss may be overselling expectations also.  If he delivers as he promises, lawyers may have to go on-line to compete.  For the meantime, I will go on renting space and meeting and advising in the ‘real’ world.

An amendment to the Family Law Act 1975 will restructure the Family Court of Australia by creating a new division of the court.   The Federal Magistrates Court will have its family law jurisdiction removed with the intention that many existing Federal Magistrates will sit in the new division of the Family Court of Australia.

There can be no compulsion on Federal Magistrates to move courts.  How many will refuse to leave?

We received a letter this morning from a Federal Government department which commenced with the following sentences:

“I refer to your letter of 24th August 2007 … I apologize  for the delay in responding.”

That in-tray is surely overflowing.

The published case of Kandal & Khyatt & Ors illustrates a court working pragmatically and responsively to the need of a 17 year old child.  At fear of being sent to Lebanon to be married by her parents, the child successfully applied to be placed on an airport watch list to prevent her being removed from the country.

For such an application to be determined ex parte is a credit to the Court and those who supported the child, the AFP, the Department of Human Services and Legal Aid New South Wales, not to mention the child herself.

I was pleased to see the appointment of Leanne Turner as a Federal Magistrate (to sit in Darwin).  This constitutes a third Barry.Nilsson. appointment to that court.

As reported in The Australian, Justice Murphy has made orders banning a father from having any form of relationship with his children aged 13,11,10 and 9.

A sad but sensible decision.

As reported in The Times.

The Federal Government is consulting on its proposed plan to extend family law arbitration to include issues relating to the children (reported in the Sydney Morning Herald).  Presently, arbitration is only available in property adjustment cases.

As reported, there appears to be some confusion between mediation and arbitration.  I suspect this will be clarified when we know the detail of the dispute resolution model to be adopted.  It’s a big change and I will not yet make a call as to its merits.

Not quite sure how to connect this to a family law blog… except perhaps that every parent would love a child like this (link)