There have been few reported cases with respect to the enforcement of financial agreements. Recently, the Family Court had to decide whether having previously refused to set aside a financial agreement or make a declaration that it was not binding, it could exercise...
Publications
Author: Jacky Campbell
A Porsche, a cemetery plot, $900,000 and the Sergeant Schultz defence: Lawyers sued for failure of cohabitation agreement
A husband is suing his lawyers because his cohabitation agreement was not validly executed[1]The Family Court ordered that his former de facto wife was entitled to retain the husband's Porsche with a personalised number plate, his cemetery plot and $900,000 cash. His...
Introduction to CCH Australian Family Law Act 1975 book
Introduction Legislative change in family law has been unusually slow in the past 18 months which has allowed time for the Family Law Courts to consider and consolidate their approach to recent legislative and judicial changes. Since the last edition of this book,...
When s 79 orders are made when the Family Court is unaware of the death of one of the parties
What happens if a court makes a property settlement order under s 79 Family Law Act 1975 (Cth) ("the Act") after a party dies, without the court having knowledge of the death? This was the dilemma faced by the Family Court of Western Australia in Mooney &...
Which country? New Zealand vs Australia—a special case
The "forum non conveniens" test does not apply when determining which forum should determine a family law dispute when the contest is between Australia and New Zealand. An example of the application of the test which applies to these forum disputes occurred in...
Financial agreements and the law of contract: grounds for setting aside
Introduction Besides the difficulties encountered by lawyers trying to navigate the complexities of Pt VIIIA (and the equivalent, but not precisely the same, provisions for de facto couples in Pt VIIIAB) including the retrospective amendments of s 90G(1) and the...
Which country? The “clearly inappropriate forum” test in Australian family law
In deciding whether Australia should exercise jurisdiction in proceedings under the Family Law Act 1975 ("the Act") , the usual test is whether or not Australia is a "clearly inappropriate forum". The application of the "clearly inappropriate forum" test was recently...
Which country? Child abduction proceedings, undertakings and maintenance orders
International mobility continues to increase through greater travel and work opportunities, and the number of cases dealt with by the Family Law Courts continues to increase exponentially. The difficulties involved with resolving financial disputes at the end of a...
Subpoenas, the costs of production and opposing production
Subpoenas are often an extremely useful way to obtain documents which are not produced through the usual disclosure process under the Rules of the Family Law Courts. For example, subpoenas can be used: As an alternative to enforcing disclosure; or To obtain documents...
Registration of de facto relationships in Victoria – proposed changes
De facto couples can register their relationships in Victoria. This has several consequences, including bringing the relationship within the definition of "de facto relationship" for the purposes of the Family Law Act 1975. The usual jurisdictional hurdles, such as a...
