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1)You are making an application for a divorce, in the Federal Circuit Court of Australia, on behalf of your client Janis Anne Copeland.
From your study and knowledge of the grounds for divorce, nominate five (5) matters that must be brought before the court in accordance with the Family Law Act 1975 (C’wth) and the Court’s regulations and rules.
Also identify the sections and Family Law Act for the elements of divorce.
2)At the divorce hearing of Janis Copeland, the Magistrate of the Federal Magistrates Court has granted Janis a decree nisi but the divorce cannot be made absolute unless the court, by Order, makes a declaration under Section 55A of the Family Law Act 1975 (FLA).
There are three children of the marriage who are under the age of 18 years.
Before granting a decree absolute, what must the court be satisfied with before making a declaration under Section 55A of FLA?
3)Janis Copeland and her husband Arthur Copeland cannot come to an agreement on parenting issues for example, who will the children live with and how much time the children will spend with the other parent. She asks you for information in relation to starting proceedings in the Family Court for a parenting order.
Use the Family Law Act 1975 and explain to Janis what the Court takes into consideration when making a parenting order.
4) When the court is determining the best interests of the child, the court must take into consideration any family violence involving the child or a member of the child’s family under s 60CC(3)(j) Family Law Act 1975.
1. Give the definition of “abuse” in relation to a child.
2. The new amendments to the Family Law Act 1975 introduced on 7 June 2012, introduced a new definition of Family Violence. Using the sections of the Family Law Act 1975:
a. explain the definition of Family Violence;
b. give examples of behaviour that may constitute family violence; also
c. give examples of situations that may constitute a child being exposed to family violence.
5)In the case of Hickey and Hickey and Attorney-General for the Commonwealth of Australia (2003) 30 Fam LR 355, the court determined that the proper approach to determine a property dispute involved a four-step process.
6)In relation to de facto property settlement matters, identify and explain the steps using Jane and James are getting married early next year. Jane has received an inheritance of over one million dollars from her grandmother’s estate. Her parents have suggested that she should see a solicitor and organise a financial agreement between she and James before their marriage as James gambles money on the horses.
• (a) Will this financial agreement be legally binding?
• (b) After their marriage has taken place, could James have the agreement set aside in the future
The sections of the Family Law Act 1975.
7) a)What are the duties of a paralegal working in a law practice?
b) Also identify the codes of practice and legislation that is relevant to work carried out by a paralegal in a law practice.
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