The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
Call us on
Call us on
Family lawyers often hear things such as:
“My wife has the kids…I guess she gets 60%?”
Is there any truth to such statements? Yes and no – but mainly no.
After a Court has identified and valued each parties’ interests and assets, the Law says that contributions should then be identified and assessed. After that takes place, there is a final step where adjustments can be made, based on numerous factors relating to a parties’ current and future circumstances. One of those factors is the ongoing care of any children.
Whether the Law will make an adjustment depends upon the facts of each case, and on many different competing factors – some of these include:-
Also, under this adjustment step, the Law has to have regard to a whole lot of other factors that do not just relate to the ongoing care of the children. Such factors include things such as the age and state of health of each party and their current and expected earning capacities for the future – to name just a few.
It is difficult exercise to weigh each of those factors and apply the appropriate weight to each of the factors depending upon the circumstances of each case.
Only an experienced accredited family law specialist who has practiced in the area for a substantial period of time and is able to keep themselves up to date with the recent Case Law, is equipped to provide such advice.
Unfortunately, there is no straight forward mathematical answer that says someone should get a fixed percentage adjustment based on the number of children. Life would be a lot easier for us family lawyers if that was indeed the case.
Whether the Law will make an adjustment depends upon the facts of each case, and on many different competing factors – some of these include:-
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
It is probably commonsense and goes without saying, but in so many matters we have clients present to us in
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result in significant changes to
© 2024 Hartley Family Law – All Rights Reserved | Privacy | Terms & Conditions
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.
1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.
2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.
3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.
4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.
5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.
6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.
For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.
