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...
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...
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...
by Jacky Campbell | Mar 24, 2016 | International family law disputes
In 2004, Prime Minister John Howard amended the Marriage Act 1961 (Cth) to expressly restrict the ability of couples to marry, unless they are a heterosexual couple. In Ghazel & Ghazel [2016] FamCAFC 31, the Full Court of the Family Court of Australia considered...
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...
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...
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