Latest ABS figures on marriage – as we used to know it
The age of couples marrying for the first time has risen over the past 20 years:
Year Bride Groom
1996 25.7 years 27.8 years
2016 28.7 years 30.3 years.
Statistics do not show trends in who pays for the wedding. In 2016 64% of couples lived together prior to marrying. This increased to 80% in 2016.
National Domestic Violence Scheme commences
Each State and Territory has passed model amendments to existing domestic violence legislation to enable the consistent recognition of 
interstate orders. The terminology and laws remain unique to each jurisdiction, as do the conditions in the orders. The key elements of the Scheme include:
- A domestic violence order (DVO) made in any Australian State or Territory on or after 25 November 2017, is automatically recognised and enforceable in each other State and Territory. They include final and interim orders.
- Applications to vary a nationally recognised order can be made in any State or Territory. Read the rest of this entry »
Is it time to enroll your child in school?
Starting primary school or high school can be a daunting prospect for children. It can also be a daunting prospect for separated parents, as they need to work together to determine the most appropriate school for their child to attend.
This is a decision of parental responsibility.
This is quite straight forward while parents remain in a relationship together, and can properly discuss the pros and cons of different schools and reach agreement. The complexity arises, however, when parents are unable to have respectful conversation – be that verbal or in writing, such as text messages or Facebook – about which school their child should attend. Read the rest of this entry »
Urgent applications, preservation orders and third party rights
Many courts in Australia have processes that allow applications to be made before any formal litigation is commenced. In the Federal Court, one form of ‘pre-litigation’ application that can be made, relates to the preservation of property or information that may be relevant to a later, substantive, claim. 
A recent example was where a software designer suspected a former employee had taken, and was using, its confidential information for the benefit of a direct competitor. It sought orders for access to the ex-employee’s computers and other electronic devices for the purposes of copying their contents in order to preserve information that may be relevant to a future substantive claim. Read the rest of this entry »
When is a judgment final?
There are some specific circumstances in which a Court will ‘go behind’ a judgment – even though it remains ‘on the record’ of a court and has not been set aside by appeal. One such circumstance is in bankruptcy proceedings. Although a judgment is ‘prima facie’ proof of a debt, in bankruptcy a judgment is never conclusive proof that a debt exists.
Where, for example, a judgment was entered by default (that is, the debtor did not actively defend the claim) a Bankruptcy Court can, and often does, look behind the judgment to see if there was a genuine debt upon which the judgment was based. This generally occurs in circumstances where the debtor is seeking to set aside a Bankruptcy Notice or Creditor’s Petition, based on the judgment. Read the rest of this entry »