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Illuminate Law

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Illuminate Law

Guiding parents and partners through the Family Court of WA and into a better future.

20/09/2022

It’s nearly term 3 school holidays!

If you have Court orders, it is a good time to refresh yourself on the arrangements in place over school holidays. Most orders will specify what should occur on when it’s holiday time. For example, “the end of school OR 3pm”.

If you do not have orders in place, it is time to start a conversation about the plans for the holidays and your expectations are over this time. In our experience, it is best to start this conversation early and come up with a plan.

If you’re worried about what will happen over the school holidays, contact us via our website for a chat.

16/09/2022

Check out the latest blog post on our website which answers all the questions you might have about Conciliation Conferences.

14/09/2022

Recently, our Principal Sarah attended the 19th National Family Law Conference hosted by the Family Law Section in Adelaide. A few of the topics of interest include ‘Understanding Family Violence – What all Family Lawyers Need to Know’, ‘Drug Testing Analysis – How Much is too Much?’, and ‘Family and Other Trusts’. Positively, there was a significant focus at this conference on Family Violence and the importance of understanding this as a family lawyer.

04/06/2022

A reminder that it is nearly WA Day public holiday! Make sure you check your Court order and communicate with the other parent if you have plans for the long weekend.

26/05/2022

Swipe across for some of the most frequently asked questions for those attending a Case Assessment Conference. If you still have questions about what the conference will entail, visit our website through the link below for our latest blog post which details all the questions you might have.

https://illuminate.law/2022/05/25/all-about-case-assessment-conferences/

22/05/2022

Once your matter is on the ‘defended list’ there are some important steps before your matter is resolved.

1) The Court will make an order placing your matter on the “Defended List”. This is often after an interim hearing or conciliation conference. You will receive a notice from the Family Court of WA advising you that your matter has been added to the defended list.
2) Once you are on this list, your matter will be added to a long queue of other matters.
3) Once your matter reaches the front of the queue your matter will be listed for a Readiness Hearing.
4) When you receive this listing notice, you will be ordered to prepare, file, and serve a range of your trial documents such as your trial affidavit, trial plan and lists of witnesses.
5) You will attend your Readiness Hearing. The judicial officer will determine at this hearing if your matter is ready to progress to trial. If it is, you will be added to the callover list.
6) You will attend callover and you will be provided with a date for trial.
7) You will attend your trial.
8) Once your trial is complete, you will have to wait for the judgment to be made. This usually takes around 3 months.

If you need any help along the way, visit our website and make an appointment to speak to a lawyer about your matter.

12/05/2022

This is Sam! Sam is our new AI Paralegal who assists us with collecting financial disclosure material with as little cost and time for our clients as possible. From a 10-minute online chat, Sam will explain financial disclosure obligations for your matter and take your authority to go and source most of your information and documents on your behalf, so you don’t have to. If you are interested in this being used for your matter or have a question, make an appointment on our website to have a chat with someone from our (human) team.

29/04/2022

According to BIFF, there are four essential ingredients for effective communication when managing difficult texts, emails, and social media posts from your coparent.

Is your communication:
1. Brief;
2. Informative;
3. Friendly; and
4. Firm.

If not, you may need to take a moment, step away from the communication, and re-think it. The BIFF response is a communication game changer for co-parents, and we could not recommend it enough!

18/04/2022

A reminder that it is one week from Anzac Day. On this public holiday celebrating Anzac Day, please be sure that you consult your Court order to see if there is any specific mention as to how public holidays are managed between you and the other parent. If you do not have orders in place that relates to public holidays, start communicating about this soon! Particularly if you would like to take your child to an early morning service that falls outside of your usual contact time.

15/04/2022

If you have Court orders in place, look at the section titled ‘Shared Parental Responsibility’. If parental responsibility is shared, religious upbringing should be a joint decision. However, a one-off attendance at Church for an Easter service, might not be perceived by the Court as a decision on religious upbringing. It is important to not try and determine how the other parent is allowed to spend their contact time with the child.

06/04/2022

Today is a big day for family law!

The Attorney General, Hon John Quigley LLB JP MLA has announced that in a long-awaited reform, WA de-facto couples will soon be permitted to split their superannuation, just as the rest of the nation can. In today’s media announcement, the Attorney General commented that:

“WA remains the only Australian jurisdiction where separating de facto couples cannot split their superannuation. Married couples who divorce, and de facto couples who separate in the rest of Australia, must treat superannuation like any other financial asset during contested settlements. But outdated arrangements in WA mean a superannuation nest egg cannot be split among de facto partners calling it quits. Instead, each partner walks away with their individual superannuation account balance - no matter how disproportionate they are.

This can create severe injustices where there are not enough other assets to help make a fair division of property between the splitting de facto partners and women are overwhelmingly disadvantaged in these circumstances.”

If you are curious about superannuation splits, make an appointment on our website to speak with us!

05/04/2022

It is nearly term 1 school holidays!

If you have Court orders, have a good read of them! Most orders will account for school holidays, for example “the end of the school day or 3pm”.

If you don’t have orders in place, communicate about your expectations for time with the other parent. It is better to start this conversation sooner to help avoid conflict. Even without Orders in place, you should encourage a meaningful relationship between the child and the other parent, where it is safe to do so. If you cannot agree on how time should be spent over the school holidays, try looking into a Family Relationship Service.

Address

Level 11, 125 Street Georges Terrace
Perth, WA
6000

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Telephone

+61863889966

Website

https://www.illuminate.law/

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