Shakespeare wrote that ‘all the world’s a stage’ and this is never truer than in the world of social media. Technological advancements in the past few years has seen an exponential growth in social media platforms and social media such as Facebook, Instagram, Twitter and Snapchat are an integral part of modern society utilised daily […]
SOCIAL MEDIA AND FAMILY LAW: POST OR POTENTIAL EVIDENCE Read More »
Under The Family Law Rules Amendment (2018 Measures No.1) Rules 2018 the Judges of the Family Court of Australia have approved significant amendments to the Family Law Rules, which will come into effect on 1 March 2018. The most notable changes which have arisen from the Act are as follows: Exhibits and annexures are no
RECENT CHANGES TO THE FAMILY LAW RULES 2004 Read More »
Although typically family law property disputes are between married or de facto partners, in an age where it is common for parents (and other family members) to provide financial support to the parties during the marriage, there is an increasing trend for these third parties to become enmeshed in the dispute between parties. Parents and
IS IT A GIFT OR A LOAN? HOW THE COURT TREATS GIFTS AND LOANS IN FAMILY LAW Read More »
In a recent Judgment handed down by Justice Robert Benjamin of the Family Court, two solicitors were referred to the Office of the Legal Services Commissioner (the Regulatory body for solicitors) as a consequence of fees issued to their clients. The matter involved a seven day Trial, of both property matters and parenting matters which
MANAGING LEGAL FEES IN FAMILY LAW MATTERS Read More »
On 30 November 2017 the Full Court of the Family Court of Australia handed down its much anticipated judgment in Re Kelvin. In this case, the Full Court considered the necessity for Court authorisation for hormone treatment for children with Gender Dysphoria. Since the 2004 decision of Re Alex: Hormonal Treatment for Gender Identity Dysphoria,
Diamonds may be a girl’s best friend, but what happens to the friendship between a girl and her diamond ring when the engagement is called off? While an engagement ring is often a relatively low value asset, it can often be one of the most expensive parts of a planned wedding. J.R.R Tolkien understood just
THE ENGAGEMENT IS OFF… WHO KEEPS THE RING? Read More »
When you receive a Child Support Assessment it is easy to think that the amount assessed per month, is the dollar amount you are entitled to receive, and will receive. However, in some circumstances other payments that have been made during the relevant period by a paying parent, can be credited by the child support
Child Support – Prescribed Payments and Non-Agency Payments Read More »
Valuing Different Types of Superannuation in Family Law Accumulation Funds The most common type of superannuation is held in accumulation interest funds. The value of this type of superannuation interest is easier to identify than other superannuation interest types, being made up of employer and/or employee contributions and returns on investments, less any fees or
SUPERANNUATION IN FAMILY LAW PROCEEDINGS Read More »
Under Part VII of the Family Law Act 1975 (“the Act”), the Court has the power to make parenting orders in relation to a child, including Orders surrounding proposed relocation. Emphasis on Co-Parenting Section 61DA of the Act states that court must apply a presumption that it is in the best interests of the child
Family Law Relocation Matters – Legislation and Case Law Read More »
THE 4 STEP PROCESS DETERMINING THE ASSET POOL Identifying the assets, liabilities and financial resources of the relationship no matter when or how they were acquired. Valuing the above by agreement or in the event of disagreement by expert valuation. ASSESSING THE CONTRIBUTIONS The Court recognises 4 categories of contributions:- Financial Initial contributions,
Family Law Property Settlements Read More »
