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...
Publications
Author: Jacky Campbell
Stanford, bankruptcy and unsecured liabilities—options and opportunities
The High Court decision of Stanford v Stanford[1] has implications for trustees in bankruptcy and non-bankrupt spouses who are parties to property proceedings under s 79 Family Law Act (“FLA"). This paper explores some of the possibilities, challenges and...
Post-separation property “windfalls”—crack the champagne or back to court?
When one of the parties receives a "windfall", such as an inheritance or a Tattslotto win, after separation, the recipient may seek to "quarantine" it on the basis that the other party had not contributed to it. Even if it is not quarantined, should the contribution...
Financial agreements—more legislative amendments coming in 2016
Changes are pending in Federal Parliament to the financial agreement provisions in the Family Law Act 1975 ("the Act"), particularly in relation to the following: Requirements to be binding; Grounds for setting them aside; and Spousal maintenance. The Family Law...
Does a trustee owe a duty of notification to a discretionary beneficiary?
PRINT PDF In Segelov v Ernst & Young Services Pty Ltd [2015] NSWCA 156, the New South Wales Court of Appeal considered the question of whether a trustee owed a duty of notification to a beneficiary of a discretionary trust. The beneficiary did not know that she...
Full Court prefers formulas in property orders
PRINT PDF The Full Court of the Family Court in Trask & Westlake[1] recently explained the form of orders which should be made when real properties are to be sold. The orders made by the Full Court were more complex than the Family Law Courts usually make, using a...
High Court declines opportunity to determine guidelines for post-separation “windfalls”
PRINT PDF Two members of the High Court, including the Chief Justice, recently declined the opportunity to develop principles for the assessment of post-separation windfalls and contributions generally. In Singerson v Joans[1] the High Court refused the husband’s...
Dealing with uncertain liabilities
Recently, the Full Court of the Family Court in Trask & Westlake[1] said that for orders to be "just and equitable" and "appropriate", they needed to reflect the reasons in the judgment. This seems obvious, but when a real property is to be sold pursuant to...
Stanford—is the Full Court in reverse or just changing gears?
The Full Court of the Family Court has considered the impact of the High Court's decision in Stanford v Stanford[1] in several cases. In particular, the Full Court in Bevan & Bevan[2] and Chapman & Chapman[3] rejected the notion that Stanford required that the...
Privilege against self-incrimination in family law proceedings
Family lawyers often struggle with the timing of when to seek a certificate for their client under s 128 Evidence Act 1995 (Cth). Section 128 deals with the privilege against self-incrimination. A certificate is commonly sought to protect a client from criminal...
