Articles & Cases

  • Can I apply for a Divorce in Australia if I was married overseas?

    • Article
    • 01 Feb 2013
    • Silvio Auditore

    An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply: Read All

  • Finding the Best Family Law Firm in Melbourne

    • Article
    • 15 Jan 2013
    • Silvio Auditore

    So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home? Read All

  • Why are there more Intervention Orders in the Melbourne Magistrates Court?

    • Article
    • 14 Dec 2012
    • Silvio Auditore

    Over the past years, there has been a great increase in the number of Court Applications made to the Melbourne Magistrates’ Court for the granting of Intervention Orders under Victoria’s Family Violence legislation. There may be a number of reasons for this. Read All

  • Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on!

    • Article
    • 11 Apr 2012

    Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts! Read All

  • Parenting Orders

    • Article
    • 12 Mar 2012
    • Silvio Auditore

    Section 61DA of the Family Law Act requires a Court, when making a parenting order in relation to a child, to apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parenting responsibility for the child. Read All

  • Collaborative Family Lawyers - What Women (and Men) Want!

    • Article
    • 10 Aug 2011
    • Silvio Auditore

    Marriage is a strange phenomenon that happens to human beings. And the best part is, both the unmarried and the married are unhappy, though for radically opposite reasons, one for not being married, and the other for being married. Read All

  • Finding out with Family Law: Parentage Tests

    • Article
    • 11 Apr 2011
    • Silvio Auditore

    Parentage tests determining the parent of the child may be needed for Family Law Lawyer matters such as child support payments, custody, access, inheritance and adoption. But with these matters, more matters arise including questions about processes and legal requirements. Read All

  • Family Court Stops Mother Taking Children Overseas to live

    • Article
    • 30 Jul 2010
    • Silvio Auditore

    In the case of Cowley and Mendoza decided in the Family Court of Australia in July 2010, a mother of two young children aged 3 and 5 was refused permission to take those children back to her home-land of Brazil. The father was an Australian and he had met the mother whilst on a back-packing holiday. Read All

  • It's Not Just a "New Mistress Law": Family Law Act Now Applies to De Facto Marriage and Same-Sex Relationships

    • Case Study
    • 15 Apr 2009
    • Silvio Auditore

    On 1 March 2009, new Commonwealth laws for spousal maintenance and the division of property for people in de facto relationships came into force. The Commonwealth Family Law Act 1975 now applies to both married and de facto couples as well as same-sex couples. Previously, de-facto relationships were covered by State Laws and disputes between de-facto couples were determined by State Courts such as the Supreme Court and County Court- Such disputes are now within the jurisdiction of the Family Court of Australia and the Federal Magistrates Court, as are disputes concerning children of all relationships. Read All

  • Family Court Pre Action Procedures

    • Article
    • 09 Mar 2009
    • Silvio Auditore

    Read All

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