Contact Us

    How the Courts Respond to Family Violence

    By Karla Elias on Nov 14, 2019, 10:30:00 PM

    The family law system in Australia is constantly evolving and works to recognise and assist adults and children who have suffered family violence. This year, as many as 70% of all family law matters in the Commonwealth court system involve an allegation of family violence. A particular concern of the Courts is to ensure that children who are exposed to or suffer family violence or abuse are protected as much as possible.

    Continue Reading

    Trustees' right of indemnity to an insolvent corporate trustee

    By James Frank on Nov 14, 2019, 8:00:00 PM

    There has been much debate as to how the trustees' right of indemnity would apply to an insolvent corporate trustee.

    Continue Reading

    Parenting orders as children grow up

    By Matthew Sibley on Nov 14, 2019, 6:30:00 PM

    Children are constantly evolving, developing and growing at varying stages of childhood and adolescence. They transition from preschool, to primary school, to high school; their friendship circles, interests and extracurricular activities may change; sometimes they may move to a different suburb, city or state. Change is a reality in a child’s life and studies show that people grow and develop more rapidly in their childhood than at any other point of life.

    Continue Reading

    What is a Receiver?

    By James Frank on Nov 14, 2019, 5:24:23 PM

    It is commonplace for a company to borrow funds to advance their business. This can take the form of commercial loan facility or specific equipment finance. In most if not all cases the loan facility is secured either by a security interest over the whole business, or the company, or against the equipment itself.

    Continue Reading

    The rare exceptions for FDR

    By Matthew Sibley on Nov 14, 2019, 1:54:50 PM

    In a recent blog post, we explored the mandatory requirement for parties to attempt to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’) prior to applying to the court for parenting orders: Family Law Act 1975 (Cth) s 60I(1). However, s 60I(7) provides various exceptions to this mandatory requirement such as the following:

    Continue Reading

    The necessity of FDR

    By Matthew Sibley on Nov 13, 2019, 2:56:16 PM

    Prior to commencing parenting proceedings, parties must make a “genuine effort” to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’): Family Law Act 1975 (Cth) s 60I(1). The usual form of FDR that parties engage in is mediation with an accredited FDR practitioner. Often this take places through services such as Relationships Australia, however parties can engage an accredited private mediator (who is often an admitted lawyer) to mediate their dispute as well.

    Continue Reading

    The impact of bankruptcy in Family Law

    By Matthew Sibley on Oct 15, 2019, 3:19:00 PM

    In 2005 and 2009, crucial amendments were made to the Bankruptcy Act 1966 (Cth) and the Family Law Act 1975 (Cth) that bestowed jurisdiction upon the Family Court of Australia in bankruptcy for married and de facto couples.

    Continue Reading

    The costs in an Estate Dispute

    By Matthew Sibley on Oct 14, 2019, 12:32:00 PM

    An area of law of specific focus in respect of costs orders is family provision matters, commonly known as ‘estate disputes’. Section 99 of the Succession Act 2006 (NSW) states that the court may order the costs of proceedings in relation to a deceased’s estate to be paid out of the estate “in such manner as the Court thinks fit”. This grants the court wide discretion in respect of the costs orders it may make in interlocutory matters and the overall proceedings.

    Continue Reading

    Can your former partner take your inheritance?

    By Karla Elias on Oct 11, 2019, 4:18:47 PM

    Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.

    Continue Reading

    The property settlement process

    By Karla Elias on Oct 11, 2019, 10:52:32 AM

    The Family Law courts, under s79 of the Family Law Act 1975 (Cth) (“the Act”), have the power to alter the interests of parties to a marriage or de facto relationship when it is just and equitable to do so. As far as practicable, the Court aims to make orders for property settlement that will determine the financial relationship between the parties on a final basis.

    Topics: Family Law
    Continue Reading