ASB Law

Family law services for those who are ready to move on.

15/12/2022

Hague Child Abduction Convention cases

The Commonwealth Attorney-General has announced the new Family Law (Child Abduction Convention) Amendment (Family Violence) Regulations 2022 to provide additional safeguards to parents and children fleeing family and domestic violence when Australian courts consider cases brought under the Hague Convention on the Civil Aspects of International Child Abduction.

The new regulations make clear that family and domestic violence is a relevant consideration under the 'grave risk' defence and a court does not need to be satisfied that such violence has occurred or will occur before it is taken into account.

The regulations will also make it clear that:
▪️conditions can be included on a return order to protect a child from exposure to family and domestic violence even if the court is not satisfied that such violence has occurred or will occur; and

▪️courts must consider proposed conditions that are put forward by a party in the proceedings.

A copy of the Media Release from the Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP can be found here.

https://www.ag.gov.au/families-and-marriage/families/international-family-law-and-children

07/12/2022

This week ASB Law is celebrating 2 years of business. And this year the firm, our directors and our Associate, Lisa Guagliardo have been recognised in the Doyle’s Guide.

Thank you to our colleagues for this recognition and for yet another year working together to help our clients move on.

19/10/2022

Our director Adam Somerville-Brown was one of a panel of lawyers who presented to colleagues on the ‘latest and greatest’ cases in family law at the Family Law Practitioners of Western Australia annual conference on Saturday 15 October 2022 at the Perth Convention Centre

19/10/2022

So many of us need family law services at some point in our lives. That experience should minimise the trauma at a difficult time, not add to it.

ASB Law was founded to make family law more transparent, more just and more impactful. Our staff, our structures and our practices are all geared to making that change.

03/10/2022

As of 28 September 2022, new laws have commenced to allow de facto couples in Western Australia to make orders splitting their superannuation entitlements between them as part of a financial settlement. This includes those with existing family law proceedings, if those proceedings have not been finally determined. This previously was not possible.

The new laws give effect to a narrow referral of power from Western Australia to the Commonwealth in respect of superannuation matters in family law proceedings for separating de facto couples in Western Australia, and inserts a new Part VIIIC in the Family Law Act 1975 (Cth).

Refer to joint media statement of the Attorneys General: https://ministers.ag.gov.au/media-centre/new-laws-support-separating-de-facto-couples-western-australia-28-09-2022”

17/08/2022

Close to 1,100 family lawyers converged on Adelaide this week for the Family Law Section National Conference

On the first morning of the Conference the Chief Judge of the Federal Circuit and Family Court of Australia the Honourable William Alstergren gave the state of the nation address in which he described the recent successes of that Court particularly with case management, whilst also highlighting the need for further action on the issue of family violence.

Our directors James and Adam and our Associate Lisa were in attendance at the conference.

17/08/2022

Welcome Jamie! ⠀⠀⠀⠀⠀⠀⠀⠀⠀

We are extremely pleased to announce that Jamie Davidson has joined the ASB Law team.
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Visit the link in our bio to meet our team of lawyers and forward thinking professionals. If you are interested in joining the team at ASB, get in touch

04/05/2022

We’re thrilled to announce that James Claringbold joins us this week as a director at ASB Law.

James is a warm and well-respected family lawyer who shows the care and consideration that we believe family law needs.

“I was attracted to ASB because of their vision of helping people move on sooner, and their progressive outlook,” James says.

Before joining us, James was a partner at a large family law firm in Perth and prior to that practised family law in London.

We started ASB Law to help those in difficult family situations move on as soon as possible.

We’re so pleased that James has joined us to lead this work, the latest addition to our terrific team at ASB.

14/04/2022

On 6 April 2022 the Family Court Amendment Bill 2022 was introduced into WA Parliament to allow the splitting of superannuation of separating de facto couples in Western Australia.

What may be less known is that there are also a number of new provisions proposed to be made to the Family Court Act 1997 (WA) to align with existing aspects of the Family Law Act 1975 (Cth) including de facto partners in WA will soon be able to consent to their application for a property settlement proceeding out of time.

Currently de facto parties are unable to consent to their application proceeding out of time and must seek and obtain a finding from the Court that hardship would be caused (Jones v Hills [2016] FCWA 87).

Practically, this usually involves the parties having to file evidence to support such a finding. This proposed change will likely make it easier for de facto parties and with less paperwork to proceed with a property settlement application where they consent to proceeding with it out of time.

The explanatory memorandum in support of the Bill can be found at the below link:

https://www.parliament.wa.gov.au/Parliament/Bills.nsf/DBCD3282603D62794825881B003056CD/$File/EM%2B66-1.pdf

28/02/2022

Meet the Team - Jayme ⠀⠀⠀⠀⠀⠀⠀⠀⠀
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We are thrilled to have Jayme Smith at ASB in the position of Senior Law Clerk.
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Jayme has worked in Family Law for 10 years, gaining significant experience in Financial Agreements and complex financial disputes and settlements. Her extensive experience in legal administration and bright personality are a valuable asset to the ASB team.

01/02/2022

Welcome Sophie! ⠀⠀⠀⠀⠀⠀⠀⠀⠀
We are extremely pleased to announce that legal assistant Sophie Kennedy has joined the ASB Law team.
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Sophie provides efficient and proactive support and ensures ASB operates smoothly every day.⠀⠀
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Visit the link in our bio to meet our team of lawyers and forward thinking professionals. If you are interested in joining the team at ASB, get in touch.

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Ground Floor, 58 Kings Park Road
West Perth, WA
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http://asblaw.com.au/

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