Frequently in family law proceedings, one party has greater access to resources to pay for legal costs and related expenses than the other party. The discrepancy between parties' resources is often most stark in complex financial cases. This article looks at the...
Publications
Author: Jacky Campbell
Part VIIIAB financial agreements—not quite part VIIIA
It might be assumed that financial agreements between de facto partners under the Family Law Act 1975 ("the Act") have the same requirements and consequences as financial agreements between couples who are intending to marry, married or divorced. This is not so. As a...
Essentials in de facto property law
Introduction Since 1 March 2009 the Family Law Courts have been able to deal with property and maintenance disputes between de facto couples in all states except Western Australia (and South Australia since 1 July 2010). This paper does not deal with the jurisdiction...
Introduction to CCH Australian Family Law Act 1975 book
Introduction During the past 12 months there have been two major changes to the Family Law Act 1975 (“the Act”), two sets of changes to the Family Law Rules 2004 and to the Family Law Regulations 1984 and one set of changes to the Federal Magistrates Court Rules 2001....
Binding financial agreements unbound
The Family Court’s decision in Parker & Parker has important implications for financial agreements and legal professional privilege. Parker & Parker, delivered by the Full Court of the Family Court on 7 March 2012, is arguably the most significant decision on...
Stanford—the High Court decision
Introduction Judgment was delivered by the High Court in Stanford v Stanford[1] on 14 November 2012. In a rare examination of the Family Law Act 1975 (“the Act”) and particularly s 79, the High Court stated its views regarding: Whether an order for alteration of...
Stanford—implications for trustees in bankruptcy
The recent High Court decision of Stanford v Stanford (2012) FLC 93-518 has possible implications for trustees in bankruptcy involved in or contemplating property proceedings under s 79 Family Law Act (“the Act)”. The facts of the case and its general implications are...
Valuing a haunted house
Does a resident ghost increase or decrease the value of a home? Unfortunately, this important issue remains unresolved in Australia although in Descas & Descas [2013] FMCAfam 69, the wife tried to argue that it had a detrimental effect on the home’s value. There...
Asset split in Family Court matter: financial planner’s report was significant
Thomson Reuters Weekly Tax Bulletin & Thomson Reuters Separation and Financial Services Bulletin Family Court proceedings are fraught enough as it is with the emotional issues involved. But the necessity of splitting assets etc frequently brings in tax and...
The ever changing landscape of financial agreements
In the last couple of years the earlier enthusiasm of legal practitioners for financial agreements has waned. A steady stream of reported cases has alerted legal practitioners to the technical difficulties of meeting the requirements of the Family Law Act 1975 ("the...