HOW FLAST WORKS

FLAST is a network and community focused on Family Law in Australia and providing support and training for members with current family law matters.

FLAST helps improve access to justice for it's members with:

  • Free Daily Court Digests of Cases Coming out of the Family Courts.
  • Private Members area where members can communicate with legal professionals, ask questions, engage in discussions all with an anonymous profile.
  • Mentoring Services to help guide you through the quagmire that is Family Law working collaboratively with your lawyers.
  • Document Drafting Services with review by Legal Practitioners.
  • Case Management Services with review by Legal Practitioners.
  • Ad-Hoc legal services for advice when you need it, keeping costs down.
If you are a Lawyer, Law Firm, FDRP, Mediator or related professional FLAST provides a unique opportunity for you to interact directly with members who have current family law matters while providing members a mechanism to post anonymously without exposing their real identity publicly so they can learn and share in a safer environment.
You can create individual profiles as Legal Practitioners and also Profiles for the firm as an Organisation.

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New Discussions
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Does a judge's order for a Memorandum of Law ( e.g. on jurisdiction say) from counsel later require …
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  •  · This is a highly technical question but basically issues of jurisdiction affect standing for a matte…
Are you allowed to redact information on documents ie financial disclosure - bank statements etc? If…
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  •  · Issues that will hurt your case if your planning on redacting information is is the redacted informa…
Hi - I have a question Child is 4.5 years old and is commencing school in 2022. Father and mother ha…
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  •  · And yes, we suspect CSA is her motivation.
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Do both parents need to consent to DNA testing? During Relationship, father disclosed that he had 2 …
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  •  · A legal paternity test is one that, by law, complies with the Australian Family Law Act (FLA). This …
Hello! Heading into mediation soon as the father is requesting 8/5 night split and half school holid…
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My ongoing child proceedings have been transferred from the Western Australia Court System to Queens…
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  •  · Riley, I understand what the situation is and I am not a FDRP (Family Dispute Resolution Practitione…
Latest Posts (Gallery View)

This is a highly technical question but basically issues of jurisdiction affect standing for a matter to be even heard by the Court. If an applicant does not have standing then the Court will not hear the matter. In Family Law parenting matter the Court must consider the habitual residence, welfare of the child and any orders of any Court. The matter may be better dealt with in a different jurisdiction. Also whether any orders made would have any real effect, especially if sought to be enforced in another jurisdiction. Clearly the judge is considering written submissions of both Counsel. This is basically a question of law. ~ Cameron McKenzie

Added a Digest 

Many people say that "Lawyers should offer services based on results with conditional cost agreements (no win, no fee) in Family Law matters" however what you may not realise in Family Law matters that is prohibited under the legal profession uniform law and would constitute either unsatisfactory professional conduct or professional misconduct on the part of any principal of the law practice or any legal practitioner associate.

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 181

(7) A conditional costs agreement may relate to any matter, except a matter that involves--
     proceedings under the Family Law Act 1975 of the Commonwealth; or
     proceedings under legislation specified in the Uniform Rules for the purposes of this section.

(8) A contravention of provisions of this Law or the Uniform Rules relating to conditional costs agreements by a law practice is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of any principal of the law practice or any legal practitioner associate or foreign lawyer associate involved in the contravention.

Issues that will hurt your case if your planning on redacting information is is the redacted information a form of:

Gambling expenditure, reckless spending, cash withdrawals, expensive luxury purchases, loaning money to others via your financials, holidays, gifts, credit card splurging, hotels, renovations, cosmetic surgery...etc

This can heavily influence your percentage pool of the settlement as well as incorporating this kind of expenditure back into the property/family pool.

Bank statements or specifically financial statements give a good indication of lifestyle, financial resources, expenditure and the like. Your bank statements paint a picture of your resources, liabilities, lifestyle and you.

They are used to form a conclusion of financials so that a settlement figure can be established.

You can redact or submit whatever you please from bank statements at your discretion. There is no requirement to submit documents in unedited form. You can plead your case as to why you have redacted information but more than likely the other party will call you out on it and pursue unedited copies of your financials. 

The opposing party may try to gain negotiating advantage, by arguing that your withholding information detrimental to a financial settlement resolution. What this will do is rung up costs and delay the process. Inevitably if its made an issue, they will subpoena the financial institution via a court order.

Save yourself lots of litigation money. Best you don't edit your financial documents. 

 

To add, a dangerous notion, if society does NOT have confidence in the courts or the process (as Phil has pointed out) what alternative is there?

The problem with current law judges across the board, is their decades of experiences whilst may of kept them in good stead some decades ago does not set them up for the current social climate by any means i.e they are out of tune with current societal behaviors. Human behavior has been radically altered and amplified outside the "norm" by social media. The narratives being played to this day in courts based on balance of probabilities are anything but. Judges are slowly waking up to this. However the precedents set in the meantime set the court up for imminent future failure.

With this in mind, be aware a judgment that falls outside of societal expectations will always be looked upon as cringe worthy and looked down upon as such.

 

And yes, we suspect CSA is her motivation.

Actually it's 5 days a fortnight with us, and 9 days a fortnight with her. Down from 7 with us and 7 with her. I worked out the percentages myself, not her.

Actually it's 5 days a fortnight with us, and 9 days a fortnight with her. Down from 7 with us and 7 with her. I worked out the percentages myself, not her.

Ann Kathleen

Everytime I think of family courts it makes my skin crawl ,if you can sort stuff between yourself and mediation do it ,

Liz Tatterson

36/64 sounds suss - like it's an optimal amount of nights to bump up/balance child support. Is she likely to have motives in this regard?

Kate Wilson

This has a brief summary of the factors a court will consider when determining if proposed orders are in the child's best interest (s 60CC Family Law Act). I expect there would be a myriad of case law where shared care was sought, jump on Austlii and have a look.
Also, can I ask how she arrived at 36/64? It seems very specific!

Maria Pluto

If you don't have orders Rice Vs Asplund does not apply. The sibling relationship will be a consideration for a Family Reporter if the case goes to court. In court there is no "we" just the father and mother - the other party/partner is seen as irrelevant in most cases by a family reporter and they are seen as impacting on the relationship with the father and child as negative/irrelevant!

Ace Betterman

Rice Vs Asplund. She needs to prove a significant change. The relocation of the father and a school isn't a significant change that affects one party over another. To me it's business as usual and the new court system will like rule that way unless something else is missing in the post.

Michael Goodman

Stay with 50/50. If the child is tired then tackle that. Very young still.
Unlikely that a court will change working status quo
None of the points are persuasive.
I recommend that you mediate and adopt a wait and see approach and review after 3 months at the new school next year

Aysha Susan Siebelink

Why go from 50/50 to something else my daughter 5 and we do 50/50 yes she tired but she will get use to it how is it fear that a mother can do this the child need both parents. My daughter has adhd and few other things it hard for her to understand but I won’t change it think of the child my daughter has different rotation and go school tired as we do change over Monday seriously the father is doing what best bye moving closer to her. School why can’t the mother see that no parent has the right to think it I was stupid in the past i messed up big time since 50/50 i am glad I accept it as I see it best for my daughter and my self my daughter has a half brother here who 1 I won’t take the 50/50 away because of that no way

Amanda Beer

She needs to prove a significant change to try and change and as I see it she hasn’t, point 1 may back fire on her if she upsets judge, but at end of day kids struggle as do parents with bed routines, as to point 2 as we found out children from other relationships do not have a sway on it! Relationship between parents and child are what is in best interest of the child.
It will also look good for the father that he is moving so that the orders can remain the same as that’s what child is use to and is in child’s best interest. Goodluck

Rach Louise

50/50 final orders or an out of court arrangement. Without knowing hard to give accurate advice.

Lauren O'Rourke

Absolutely not. I have children to my new husband aswell as my ex husband and that has no bearing on how much time my ex has with the children. My ex has our son 70% of the time whilst our daughter is a little more intermittent due to her age and mental health issues...she opts to go for a sleepover at Dads when she is feeling up to it. My ex husband does not have other children but that doesn't entitle me to more time with our kids than him. All the children have a good relationship even if they are not together all the time. I doubt she will be able to reduce Dads time for the reasons given

Alex Xela

Not a lawyer but basically based on the information you have given she will unlikely change the 50//50 arrangements legally.
Both of her reasons are irrelevant for a change.
What may change the arrangement is if the coparenting becomes hostile, but let's say she becomes hostile, they may award you 68% and her 32%.
Basically your best approach is to highlight this arrangement has been in place 18 months, that dad has relocated to continue arrangement, that it's in the best interest of the child for them to have a meaningful relationship with both parents.

Troy Lee

Point 2 would be easy to argue against.
The mother believes that the childs relationship with the sibling is more important than the relationship with the father

Kylea Gray

I would seek legal advice as It is my understanding that she would need to prove that there has been a significant change in circumstances to revisit the 50/50 orders, and it doesn’t sound like there has been, only that she would prefer the child be in her care more.

Via Ms Mishka Hudson 

Mishka Hudson

Admin
This suggests more about mums capacity to help the child sleep and I think her argument is weak personally. Meaningful contact with the father under 60CC is a paramount consideration while siblings would be an additional consideration so I think she risks her parenting Re sleep routine being challenged as opposed to gaining more time in my lay view.

Kylee B Etts

As of 2022 the Child will be at school
Monday - Friday 9am-3pm
If 50/50 shared care has been in place for the last 18 months & is successful I don’t see how or why a magistrate would reduce time without significant plausible reasoning in order to do so, particularly when 1 parent is moving closer to reduce the child’s travel time.
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