The Full Court of the Federal Court - Allsop CJ, Middleton and Derrington JJ have given Liquidators and Insolvency Lawyers an early Christmas present in finding that a a statutory set-off under s553C(1) of the Corporations Act 2001 is NOT an available defence against a liquidators claim for the recovery of a preference under s588FA of the Act.
Beware the Tax Man!
A lot of poorly made jokes begin with “there are two certainties in life…” When it comes to family law proceedings, you can be certain that your taxation returns will come under the microscope.
The apprehension of bias principle: Can judges and lawyers still be friends?
“Justice should both be done and be seen to be done, reflecting a requirement fundamental to the
common law system of adversarial trial – that it is conducted by an independent and impartial
tribunal”. The recent High Court decision Charisteas v Charisteas [2021] HCA 29 puts a dampener on the friendships between judicial officers and legal practitioners.
common law system of adversarial trial – that it is conducted by an independent and impartial
tribunal”. The recent High Court decision Charisteas v Charisteas [2021] HCA 29 puts a dampener on the friendships between judicial officers and legal practitioners.
Topics:
Court
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International Relocation & Family Law
With restrictions on international travel continuing to ease in the coming months, issues
regarding international travel with children, international relocation and overseas child abduction are
likely to become more prevalent.
regarding international travel with children, international relocation and overseas child abduction are
likely to become more prevalent.
How did BMW lose a Ferrari?
Many of us grow up dreaming of owning a Ferrari and those who do own a Ferrari will do all that they can to protect and maintain it.
The intersection between the privilege against self-incrimination and family law parenting proceedings
It is often the case that an alleged perpetrator of family violence is simultaneously defending criminal charges for the same behaviour.
Topics:
Family Law Parenting
Family Law
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Gambling and Family Law – Protecting What You’re Entitled To
The long and taxing journey of a family property division is only made worse when you discover (or potentially confirm your suspicion) that your ex-spouse has lost hundreds or thousands of dollars whilst gambling each week. As a result, there are debts on credit cards in both your names and your asset pool may not be as significant as it could otherwise have been. How does the Family Court handle such a complex situation?
Topics:
Family Law
Family Law Divorce
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Changing Your Child’s School After Separation: What You Need to Know
Navigating parenting post-separation is a notoriously difficult process. It can be hard to set aside the distrust and fraught emotions that exist between parents whose relationship has fractured. Working out how to make long-term decisions in the best interests of your child after conflict is no easy task. Often, the topic of schooling becomes a point of contention as one parent’s individual hopes for their children’s education may not line up with the other parent’s.
Topics:
Family Law Parenting
Family Law
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The Court’s Power to Order Vaccinations for Children
In this COVID-19 climate, opinions in relation to vaccinations are being discussed more than ever in the media and in everyday conversations.