Australia's pre-eminent specialist family law firm
23 December 2013
Update on High Court's Decision to Overturn the ACT's Same Sex Marriage Laws
On 28 October 2013 we posted an article about the passing of the ACT's Marriage Equality (Same Sex) Act 2013.
16 December 2013
The Joys of Christmas
For many families, the holiday season is a time of celebration, with the focus of many festivities being on family.
09 December 2013
There are important tax and duty concessions available to parties whose property interests need to be re-organised on breakdown of their relationships.
25 November 2013
Lesser of Two Evils
The Family Court in Neill & Redford  FamCA588, dealt with parties who had consent orders in place for two years providing for equal shared parental responsibility until the mother made domestic violence complaints which resulted in an Apprehended Violence Order being issued against the father.
19 November 2013
When will the Court Grant Sole Parental Responsibility?
When a Court makes a parenting order in relation to a child, it must apply a presumption that it is in the best interests of a child for the parents to have equal shared parental responsibility for the child.
11 November 2013
Trans-Tasman Proceedings Act 2010
On 11 October 2013 the Trans-Tasman Proceedings Act 2010 came into force.
28 October 2013
ACT Same-Sex Legislation
The Australian Capital Territory has recently passed legislation which enables same-sex and intersex couples to marry under ACT state law.
24 October 2013
The English court of appeal has handed down an important judgment very recently in a case called Mittal v Mittal (18 October), where there are divorce proceedings in two countries.
14 October 2013
Inheritance Part of the Asset Pool?
In the recent case of Bishop and Bishop  FamCAFC 138 the Full Court examined a case where the wife had received an inheritance a year before the parties to a 21 year marriage separated.
08 October 2013
When Is No Order the Right Order?
In proceedings for property settlement, one of the first things a court must ask itself is, in order to do justice between the parties, should it make any order for property settlement?
30 September 2013
A Doggone Case
A husband and wife found themselves in the Family Court in Melbourne, where each of them were receiving unemployment benefits, their properties were heavily in debt and mortgagees were pressing for payment.
23 September 2013
How is an Expectation of an Inheritance Treated?
It is often the case that at one time or another a person receives an inheritance during their relationship.
16 September 2013
Are High Income Earners "Super Contributors"?
In the recent case of Newman & Newman  FamCA37, the Family Court dealt with a husband's claim of special contribution where he earned a high level of income and the wife contributed to the family as homemaker and parent during their 28 years of marriage.
19 August 2013
The End of the Elias Principle?
Often in Family Court proceedings a party will make a statement that contradicts an earlier statement made elsewhere and argue that the previous statement was untrue.
12 August 2013
Court Permission for Medical Procedures on Child
The Family Court in Re:Jamie  Re:Jamie  FamCAFC 110 (31 July 2013) recently looked at when it is necessary for parents to obtain permission from the Court before having a "special medical procedure" carried out on a child.
05 August 2013
Second Edition of Family Law Jurisdictional Comparisons - Out Soon
With a rise in the geographical mobility of families and international marriages, the consequences of marriage breakdown increasingly involve cross-jurisdictional dimensions.
29 July 2013
Can the Family Court make orders about property that no longer exists?
22 July 2013
Care with Shares
An employee's salary package can include the granting of options to take up shares in the employer company.
15 July 2013
In February this year the Family Court dealt with a case that had two unusual features.
08 July 2013
Best Interests of the Child
A recent case involved an order by a judge that a father have sole parental responsibility, for the child to live with the father, and to spend time with the child's aunt and grandmother.
03 July 2013
Know The Loopholes
In most circumstances, before a person can start court proceedings about children, that person and the other parent have to try to resolve the dispute over the children with a counsellor called a Family Dispute Resolution Practitioner.
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