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...
Publications
Author: Jacky Campbell
Stanford—whatever happened to the four steps?
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...
Divorce, death and ageing—what happens when one spouse dies?
This paper deals with: The effect of death (and imminent death) and ageing on the property aspects of matrimonial and de facto relationship breakdown under the Family Law Act; and The law relating to the care of children when one parent dies. Death of a party before...
Introduction to CCH Australian Family Law Act 1975 book
Introduction The most sweeping change to the legislation in this book since the publication of the last edition was the renaming of the Federal Magistrates Court of Australia as the Federal Circuit Court of Australia. This received widespread publicity. Less...
Having it all
Each generation of women faces different challenges with careers and family. I believe the generation before mine faced greater ones than I did. Bizarrely, I also believe the current generation of female law graduates face greater challenges than me. I was born in...
Surrogacy—tip toeing through a legal minefield
Understanding inconsistency in the law between states in Australia presents problems for practitioners and their clients. Navigating the many legal barriers facing those desperate for a child, who battle bureaucracies and the legal systems of Australia and other...
Another Strahan case—loss of legal professional privilege
Legal professional privilege is the privilege of the client, but lawyers need to ensure that the privilege is not unintentionally lost. Sometimes it is lost by waiver, but it can be lost in other ways. The Full Court of the Family Court, in another appeal in the...
Superannuation splitting scheme: assessing contributions and s 75(2) factors
Introduction The ability to split superannuation as part of adjusting property interests between the parties at the end of a de facto relationship or marriage offers opportunities and challenges to family lawyers and clients. This paper first gives a general overview...
Interim property settlements and the treatment of legal costs post Stanford and Bevan
I have found that family lawyers generally fall into one of 2 camps when considering the impact of the High Court of Australia's decision in Stanford.[1] There is one camp who submits that the decision can be limited to its extraordinary facts, and that its general...
When family law meets bankruptcy
Background Before 2005 trustees and non-bankrupt spouses were often engaged in races to commence or complete litigation in different courts. The Bankruptcy and Family Law Legislation Amendment Act 2005 ("the 2005 Act") applies to bankruptcies for which the date of...
