February 4

DEFAMATION AND FAMILY LAW

DEFAMATION AND FAMILY LAW

As a solicitor working extensively in family law, clients often ask me about remarks made by their former partner, or a proxy for their former partner, which remarks the client regards to be defamatory. Sometimes these remarks are published in social media. I have been shown evidence from social media of such statements. The first thing to note, is that if proceedings are on foot under the Family Law Act, then the Family Law Act specifically makes it an offence to publish an account of the proceedings, where ‘publish’ has a wide reading in its application. The second thing to note is the clear evidentiary hurdle of proving the author of such material. Third, and now more even more interesting, are recent jurisprudential developments as highlighted in the following piece published in the Guardian: “Facebook defamation: man wins lawsuit over estranged wife’s domestic violence post.” [02.01.2015]

November 13

ATO provides a Decision Impact Statement following Darling’s case

ATO provides a Decision Impact Statement following Darling’s case

I recently wrote a blog about a recent decision of the Full Court of the Family Court, in which one of the issues for determination was the Taxation Commissioner’s access to the parties’ family law pleading statements. The decision is reported as Commissioner of Taxation & Darling [2014] FamCAFC 59.

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