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    Karla Elias


    Recent Posts

    The Sperm Donor Case – A Seminal Decision

    By Karla Elias on Feb 20, 2020 11:55:03 AM

    “By biology, or by law, or a combination of both, certain people, take on the right and responsibilities of raising children, and are, or become parents”: Masson v Parsons [2017] FamCA 789, 46.

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    How the Courts Respond to Family Violence

    By Karla Elias on Nov 14, 2019 10:30:00 PM

    The family law system in Australia is constantly evolving and works to recognise and assist adults and children who have suffered family violence. This year, as many as 70% of all family law matters in the Commonwealth court system involve an allegation of family violence. A particular concern of the Courts is to ensure that children who are exposed to or suffer family violence or abuse are protected as much as possible.

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    Can your former partner take your inheritance?

    By Karla Elias on Oct 11, 2019 4:18:47 PM

    Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.

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    The property settlement process

    By Karla Elias on Oct 11, 2019 10:52:32 AM

    The Family Law courts, under s79 of the Family Law Act 1975 (Cth) (“the Act”), have the power to alter the interests of parties to a marriage or de facto relationship when it is just and equitable to do so. As far as practicable, the Court aims to make orders for property settlement that will determine the financial relationship between the parties on a final basis.

    Topics: Family Law
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    The Importance of Full and Frank Disclosure

    By Karla Elias on Jul 19, 2019 3:04:16 PM

    The Duty of Disclosure

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    The Ethics of the Legal Profession

    By Karla Elias on Jun 19, 2019 3:27:47 PM

    Introduction

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    Family Law for the Future: The ALRC Report

    By Karla Elias on May 27, 2019 1:59:00 PM

    Last month, the Australian Law Reform Commission (‘ALRC’) released its report, ‘Family Law for the Future – An Inquiry into the Family Law System’ (‘the Report’). The ALRC spent 18 months working on the inquiry, which was headed by the Honourable Justice Sarah Derrington.

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    The Family Violence Plan

    By Karla Elias on May 24, 2019 3:43:00 PM

    With the update of the Family Violence Plan in April 2019, the Courts have continued to recognise the importance of protecting those experiencing family violence, and the detrimental impact on the health and wellbeing of separating partners and children in situations of family violence.

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    The Purpose of Subpoenas

    By Karla Elias on May 6, 2019 4:51:33 PM

    Introduction

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    The Reality of Financial Agreements

    By Karla Elias on Apr 5, 2019 12:37:09 PM

    Introduction

    Although the legislation relating to Financial Agreements seems clear-cut, Financial Agreements are often overturned or set aside by the Court for a variety of reasons. This makes it more difficult to guarantee that a Financial Agreement will indeed be ‘binding’. When considering the application and utility of Financial Agreements in practice, it is therefore prudent to weigh the advantages of entering into a Financial Agreement against the drawbacks or risks associated with it.

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