In Clarence & Crisp  FamCAFC 157 (18 August 2016) the Full Court (Thackray, Ainslie-Wallace & Aldridge JJ) dismissed with costs the birth Mother’s appeal against a parenting order made in respect of her daughter who was conceived with an egg… Read more Short case summary Clarence & Crisp  FamCAFC 157 (18 August 2016)
Family lawyers often hear things such as: “My wife has the kids…I guess she gets 60%?” Is there any truth to such statements? Yes and no – but mainly no. After a Court has identified and valued each parties’ interests and… Read more Adjustments in Property Settlement Relating to the Ongoing Care of Children
“It is now, clear, that not only is the identification of each and every proprietary interest and resource necessary, together with a proper basis to estimate of value, but also, what needs to be disclosed to the other spouse is all… Read more “INFORMED” CONSENT CRUCIAL FOR FAMILY LAW FINANCIAL SETTLEMENTS
….The Dangers of Double Dipping… A recent Judgement by the Full Court in Rodgers & Rodgers highlighted a problem with a common misunderstanding about the calculations of future maintainable earnings and how this should be treated when assessing a husband or… Read more Understanding Future Maintainable Earnings and the Assessment of the Future Income Capacity of a Spouse
A recent Judgement by the Full Court in Rodgers & Rodgers highlighted a problem with a common misunderstanding about the calculations of future maintainable earnings and how this should be treated when assessing a husband or wife’s ongoing income earning capacity.… Read more UNDERSTANDING FUTURE MAINTAINABLE EARNINGS AND THE ASSESSMENT OF THE FUTURE INCOME CAPACITY OF A SPOUSE – THE DANGERS OF DOUBLE DIPPING
A recent Appeal from a decision by a Federal Circuit Court Judge has raised some eyebrows among some family law practitioners. In this case, the mother had been the primary carer of twin boys, aged eight years of age. About six… Read more Relocation To Go or Not To Go?
In today’s Australian Newspaper, Chief Justice, Diana Bryant, made a further plea to the Federal Government for more funding to the Family Court. The lack of resources to meet the demand of cases coming before the Court each day has now… Read more CHILDREN’S MATTERS NEED MORE FUNDING IN THE FAMILY COURT
As a white Anglo-Saxon male divorce lawyer working in Australia, International Women’s Day means many things to me. Importantly, it includes some of the following:- Recognising that women still do not have equal rights in the workplace and continuing to support… Read more THE INADEQUACEY OF SPOUSAL MAINTENANCE IN AUSTRALIA
There is a common misunderstanding that everything one brings into a marriage or de facto relationship remains their property absolutely in the event of any future separation. Under Australian Law, that is not the case. Instead, upon separation, the Law says… Read more THE IMPORTANCE OF INITIAL CONTRIBUTIONS IN FAMILY LAW PROPERTY SETTLEMENT
In Family Court property settlement disputes, a spouse’s interest in a Superannuation Fund must always be identified and valued. However, there is no necessity for that interest to be split and there are different ways in which a Court can treat… Read more Is Superannuation always Split in Family Law Property Settlements?