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 options for a party to obtain an order for funds to pay legal...
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 result, the legal advice required to be given is different...
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 of the State and Territory courts to deal with property...
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. Other legislation has made relatively minor changes to the...
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 financial agreements since Black & Black. The Full Court...
High Court’s Decision: Implications for Section 79 Property Orders 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...
Key Legal Shifts from Stanford v Stanford for Bankruptcy Trustees 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...
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 is some overseas evidence which suggests that a ghost can...
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 superannuation issues … and therefore much complexity (and more...
How Family Law Reforms Impact Binding 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...
Judgment was delivered by the High Court in Stanford v Stanford [1] on 14 November 2012. In a rare examination of the Act and particularly s 79, the High Court stated its views regarding: Whether an order for alteration of property interests can be made under s 79 if parties are not separated or are "involuntarily" separated....
Four-Step Approach Changes in Family Law Property Settlements Post-Stanford 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...