In a recent Full Court decision (October 2017) of Tomaras & Tomaras and Commissioner of Taxation, the Full Court was asked to determine a question stated in relation to proposed Consent Orders that a Husband and Wife had sought by way… Read more My Tax Debt is now Yours
Family Court Orders – Hyphenated Surnames
In a recent Full Court decision, the Family Court affirmed its powers to require a child to be known by a certain surname and in this case, by a hyphenated surname of the parent’s maiden names. The decision is not unusual,… Read more Family Court Orders – Hyphenated Surnames
A Family Lawyer’s Perspective Against Domestic Violence
As a family law solicitor, it heartens and inspires me when I read and see the wonderful lawyers, counsellors, social workers and support workers who deal every day with the ‘cold face’ of domestic violence. They are the unsung heroes who… Read more A Family Lawyer’s Perspective Against Domestic Violence
Consequences of Non-Disclosure in Family Law Property Settlement Proceedings
In a recent Full Court decision of Trang Kingsley (6 July 2017) the Family Court delivered a stark reminder about its wider powers to deal with who failed to provide in full and frank disclosure of their financial affairs in property… Read more Consequences of Non-Disclosure in Family Law Property Settlement Proceedings
Relocation Cases – is it better to just toss a coin?
Relocation cases are difficult. There are no two ways about it. Often, it is all or nothing. One parent wants to move interstate or overseas with the child and the other parent wants the child to stay nearby to them. A… Read more Relocation Cases – is it better to just toss a coin?
Causal link between chanqes in circumstances and hardship required to set aside a Bindinq Financial Aqreement
ln another recent, important decision by the Full Court in the case of Fewstar v Drake, the Full Court affirmed a number of important principles relating to the validity of prenuptial or as we call them Binding Financial Agreements entered into… Read more Causal link between chanqes in circumstances and hardship required to set aside a Bindinq Financial Aqreement
Binding Financial Agreements Unfair Assessments and children born after signing
A recent Full Court decision (Fewster and Drake [2016] FAM CAFC 214) has reaffirmed the previous position of the Full Court of the Family Court that just because an agreement is unfair, doesn’t mean that it should be set aside. Even… Read more Binding Financial Agreements Unfair Assessments and children born after signing
Binding Financial Agreements (Pre-Nup) – “Unfair” Assessments and children born after signing
A recent Full Court decision (Fewster and Drake [2016] FAM CAFC 214) has reaffirmed the previous position of the Full Court of the Family Court that just because an agreement is unfair, doesn’t mean that it should be set aside. Even… Read more Binding Financial Agreements (Pre-Nup) – “Unfair” Assessments and children born after signing
Adjustments in Property Settlement Relating to the Ongoing Care of Children
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
“INFORMED” CONSENT CRUCIAL FOR FAMILY LAW FINANCIAL SETTLEMENTS
“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
