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Which country? New Zealand vs Australia—a special case

by Jacky Campbell | Dec 20, 2015 | International family law disputes

The “forum non conveniens” test does not apply when determining which forum should determine a family law dispute when the contest is between Australia and New Zealand. An example of the application of the test which applies to these forum disputes...

Which country? The “clearly inappropriate forum” test in Australian family law

by Jacky Campbell | Dec 30, 2015 | International family law disputes

In deciding whether Australia should exercise jurisdiction in proceedings under the Family Law Act 1975 (“the Act”) , the usual test is whether or not Australia is a “clearly inappropriate forum”. The application of the “clearly...

Which country? Child abduction proceedings, undertakings and maintenance orders

by Jacky Campbell | Dec 30, 2015 | International family law disputes

International mobility continues to increase through greater travel and work opportunities, and the number of cases dealt with by the Family Law Courts continues to increase exponentially. The difficulties involved with resolving financial disputes at the end of a...

Treaties and international agreements relevant to family law proceedings in Australia

by Jacky Campbell | Feb 21, 2019 | International family law disputes, Topic

In family law disputes, the parties often have a significant connection to Australia: they are born here or have become Australian citizens, they have all or most of their property here, and they live in Australia when they separate. But, there are also many cases...

CLAYTON v BANT – effect of overseas order on rights under the Family Law Act 1975(Cth)

by Jacky Campbell | Feb 17, 2021 | Property, Articles, International family law disputes

The High Court of Australia considered the impact of an overseas court order on Australia property settlement and maintenance proceedings in Clayton v Bant (2020) FLC 93-994; [2020] HCA 44. The issue arose because the language of the overseas order was not the same as...

How will Family Law relocation cases be decided in 2024?

by Jacky Campbell | Feb 19, 2024 | Child Support, Divorce, International family law disputes, Overview of changes in the law, Parenting

A “relocation case” arises when a parent wants to move to a place far away enough from their current location that it will impact the time that the other parent spends with the children, resulting in a disagreement on the children’s future living situation and...
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Recent Posts

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  • How To Get A Divorce In Australia: Essential Steps & Considerations
  • The new process for determining a family law property settlement is changing – What do you need to know?

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