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Unsubstantiated allegation of child sexual abuse leeds to overnight time

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Unsubstantiated allegation of child sexual abuse leeds to overnight time

Many matters that come before the court and practitioners in general contain unsubstantiated allegations of one thing or another. It is important for parents to put aside differences and consider the children and what is in their best interests. Section 60CC of the Family Law Act outlines considerations the court ponders when approaching children’s matters. […]

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Cohabitation agreement under Property Law Act 1974 QLD not recognised

Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012] FamCA 807 (11 September 2012) the parties sought property orders by consent under the Family Law Act 1975 in circumstances where they had entered into […]

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Husbands Inheritances represented almost half of large asset pool

Property – Husband’s inheritances represented 43.5% of $2.7m pool – Long marriage – Contributions assessed 70/30 in his favour – Adjusted for wife’s limited employment opportunities In Dinsmore [2012] FamCA 798 (18 September 2012) a 28 year marriage that included 4 years of pre-marital cohabitation produced two (now adult) children and net assets of $2.7 […]

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Hearsay account as to mothers alcohol use given little weight

Children – Father’s hearsay account of housekeeper’s statements as to mother’s alcohol use admitted but given little weight as that evidence was not adduced from that potential witness In Mabart & Haselden [2012] FamCA 793 (18 September 2012) the father’s affidavit contained statements alleged to have been made by the mother’s housekeeper as to excessive […]

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