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If you’ve ever thought “how the fuck did that happen” as you walked out of the Australian Family Law system and losing everything, while watching your psychopathic ex get away with the boys club trifecta of perjury, contempt, and not coughing up their financials til you’re broke, homeless, and probably couch surfing, then boy have you come to the right place! Strap on your fuck it attitude, and settle in to find out what your lawyer never told you…be prepared to feel very ducking angry 😡 and ...
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We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang you or not! Sup…
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FAMILY LAW RULES 2004 - RULE 13.04 Full and frank disclosure (1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: (a) the party's earnings, including income that is paid or assigned to another party, person or legal entity; (b) any vested or contingent interest in property; (c) any v…
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The dreadful depersonalisation of never having your name used unless you’re in trouble; serious trouble. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️‍🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to sup…
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This episode deals with sexual abuse, trauma and comes with a trigger warning. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️‍🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to support people, loved ones, f…
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Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. Follow the link 👇👇👇 TIME FOR A CHANGE? SHARED PARENTING, VARIATION OF ORDERS AND THE RULE IN …
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Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It’s not well understood, and in this episode we try to clarify what it’s purpose is, how long it applies, and why it’s an important protective measure for children and victims. Follow the link 👇👇👇 FAMILY LAW ACT 1975 - SECT 121 Restriction on publicati…
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When there’s an error in your orders, what do you do? Can it be fixed? Yes it can! Follow the link 👇👇👇 FAMILY LAW RULES 2004 - RULE 17.02 Varying or setting aside orders (1) The court may at any time vary or set aside an order , if: (a) it was made in the absence of a party; or (b) it was obtained by fraud; or (c) it is interlocutory; or (d) it is …
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It can be pretty confusing trying to figure out why some are barristers, and others are solicitors. It’s like being GP and being called Dr, or a surgeon and being a Mister. Here we try to unpack it so you can get some understanding of what’s what and who’s who in the legal zoo. Support the showBy Lisa Testart
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What’s a Kennon case and why should it matter? A review of Kennon v Kennon BENSON & DRURY [2020] FamCAFC 303 FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made signifi…
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FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravened an order A person is taken for the purposes of this Division to have contravened an order under this Act affecting children if, and only if: (a) where the person is bound by the order--he or she has: (i) intentionally failed to comply with the order; or (ii) made no reasonable attempt to compl…
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Contempt is criminal, while a contravention is civil. The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession. FAMILY LAW ACT 1975 - SECT 112AP Contempt (1) Subje…
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Welcome to the first episode of surviving a psychopath in The Australian legal system. Lisa introduces herself and her unique style of saying it how it is, so you can get the best out of your case. This crazy cat lady doesn't pull any punches and leaves no stone unturned in her dream of assisting you in your case. Support the show…
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