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Knowledge

We think it is important to share our knowledge with our community. Our knowledge articles respond to contemporary law and current events.

Married vs de facto: does it matter?

On 1 March 2009, Part VIIIAB was inserted into the Family Law Act 1975 (Cth) (‘the Act’) which provided for Australian de facto couples to have their financial matters dealt with..

How the law protects minority shareholders

Most Shareholder Agreements provide that Companies are controlled by a shareholder (or a group of shareholders) that holds a majority of the shares in the Company. These..

How the Courts Respond to Family Violence

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..

Trustees' right of indemnity to an insolvent corporate trustee

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

Parenting orders as children grow up

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..

What is a Receiver?

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..

The rare exceptions for FDR

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’)..

The necessity of FDR

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..

The impact of bankruptcy in Family Law

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..

The property settlement process

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..