Insights & News

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The Child Protection Convention

Imagine you are a parent living in the United Kingdom. You and your ex-spouse have agreed to parenting orders that allow your ex to move to Australia with your children…

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Who's Fault?

From the date the Family Law Act began in 1976, fault as a ground for divorce disappeared.

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Just Because We Love You

In this report we look at the situation when a parent to a party to the marriage or de facto relationship provides a gift to their child with no expectation of reimbursement or repayment.

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Surrogacy - a risky business?

International surrogacy has been given extensive media coverage in the past week, largely in response to the case involving the Thai-born baby, known as "Gammy". Gammy is reportedly the biological child of a Perth couple, born to a 21 year old Thai mother through a commerical surrogacy arrangement brokered by a Thai surrogacy agency.

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Hague Convention - "grave risk of harm" part two

In our last Newsdesk item we reported on the ground-breaking US Court of Appeals decision in Ermini v Vittori, and in particular the application of Article 13 of the Hague Convention of the Civil Aspects of International Child Abduction.

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A Death in Argentina

The I CARE Foundation is an organisation dedicated to stopping international child abduction and trafficking. It also issues newsletters to people who might be concerned in this, including our firm.

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No Blame

Fault as a concept in relationship breakdown has had a long life, though not necessarily a productive one. And even though Australia has had no fault divorce since 1976, when the Family Law Act came into force, some people still cling to notions of blame…

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When is a Loan a Gift and a Gift a Loan?

It is extremely common for parents to help their children out financially, whether to assist them to buy their first house, or to provide an advance on their inheritance.

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A Father not a Father?

It is not often we report on overseas cases except where they directly concern Australian law but this is an interesting exception. 

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Lodging a Caveat?

A caveat is a warning registered on the title to a property, warning anybody intending to deal with that property that the person who placed the caveat on the land claims an interest in it.

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How to Try to Prevent International Child Abduction

We recently reported the signature by Japan and Iraq to the Hague Convention on International Child Abduction. Having to activate the Convention means having to do the best that you can to fix things up after the catastrophe of a child abduction.

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National Agreement on Inter-Country Adoption

Following the release of a report on inter-country adoption by the Government in April 2014, the Australian State and Territory governments have reached agreement about a uniform process for inter-country adoption.

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