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    5 Reasons You Need a Shareholders' Agreement

    By Andrea Harrold on Feb 21, 2020 10:03:02 AM

    If a company has more than one shareholder it should have a shareholders’ agreement in place.

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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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    The rare exceptions for FDR

    By Matthew Sibley on Nov 14, 2019 1:54:50 PM

    In a recent blog post, we explored the mandatory requirement for parties to attempt to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’) prior to applying to the court for parenting orders: Family Law Act 1975 (Cth) s 60I(1). However, s 60I(7) provides various exceptions to this mandatory requirement such as the following:

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    The necessity of FDR

    By Matthew Sibley on Nov 13, 2019 2:56:16 PM

    Prior to commencing parenting proceedings, parties must make a “genuine effort” to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’): Family Law Act 1975 (Cth) s 60I(1). The usual form of FDR that parties engage in is mediation with an accredited FDR practitioner. Often this take places through services such as Relationships Australia, however parties can engage an accredited private mediator (who is often an admitted lawyer) to mediate their dispute as well.

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    Why You Need a Process Server

    By Andrea Harrold on Jul 31, 2019 10:31:17 AM

    When running a litigation matter, that is, any Court matter, it is critical to be able to prove to the court that your court documents were delivered to the other side. Afterall, if the other side did not receive your court documents then how do they defend themselves and how is justice upheld in the court system? This is where a process server comes in handy.

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    In which jurisdiction should I pursue my debt?

    By Matthew Sibley on Jul 9, 2019 4:34:47 PM

    If someone owes a debt to you that they refuse to pay, you may wish to take legal action to pursue them for payment of the amount owing. If you decide to sue someone for the debt, the first question you must consider is the applicable jurisdiction. In other words, you need to ask yourself the question, ‘In which jurisdiction should I pursue my debt?’.

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    How the Courts Respond Uniquely

    By Katherine McCarthy on Jun 6, 2019 4:02:22 PM

    Every matter involving parenting arrangements is different; they each have their own uniqueness that requires careful consideration by the court. However, across all cases, the court’s key consideration is what is in the best interests of the child.

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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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    Arbitration: The Flavour of the Month

    By Matthew Sibley on Mar 25, 2019 5:08:33 PM

    Introduction

    The Australian family law system is currently undergoing many changes, leading to a highly politicised and uncertain environment that has only exacerbated issues with the court system. While it may seem that governments and lawyers alike are the only beneficiaries of the inefficiencies of the family law jurisdiction, one form of alternative dispute resolution is on the verge of making a great resurgence that may make clients the real winner. 

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