Add-backs in Proceedings for the Alteration of Property Interests Add-backs in proceedings for the alteration of property interests under the Family Law Act 1975 (Cth) (FLA) occur when the court adds back funds or other property to the property of the parties, when funds or other property has been used by one of the parties...
In these increasingly mobile times, the family law courts are often faced with the question of how to deal with property which is located overseas, such as bank accounts, superannuation, and real property. Does Australia Have Jurisdiction Over Overseas Property? The test is that Australia is not a “clearly inappropriate forum”...
1 Introduction There are two ways to approach this question: one can consider property pools where the debts outweigh the parties’ modest equity in a home and superannuation. As these cases are rarely litigated because the costs are disproportionate to the property pool, it is difficult to draw any principles from...
Duress and undue influence are factors which may vitiate a contract. They often overlap and are frequently used interchangeably, or at least pleaded in the alternative. The decision of Thorne v Kennedy [2017] HCA 49; (2017) FLC 93-807 is the most recent High Court authority addressing these principles. The judgment was not...
If you are a victim of family violence, the violence may be relevant to parenting orders you seek in a Family Law Court, or to intervention orders which you seek or the police seek on your behalf in the Magistrates’ Court. Some of the questions you may have are answered below. During COVID-19 as it is more difficult to...
We do arbitrations Jacky Campbell of Forte Family Lawyers is an accredited arbitrator and a family lawyer of over 35 years’ experience. Jacky is an Accredited Specialist in Family Law and a Fellow of the International Academy of Family Lawyers. Jacky is well known for writing in family law publications for other lawyers and...
The High Court rarely grants special leave to appeal and does so even more infrequently in family law matters. When it does hear a family law appeal family lawyers expect that the outcome will either provide clarity as to an aspect of the law or change their understanding of the law. High Court cases such as Mallet v Mallet...
The reality is that, for some clients, happily ever after will involve the parties going their separate ways. When relationship breakdown occurs, how watertight is a financial agreement under the Family Law Act 1975 (Cth) (FLA)? This paper looks at taking a risk averse approach to financial agreements, some of the risky...
The High Court of Australia considered the impact of an overseas court order on Australia property settlement and maintenance proceedings in Clayton v Bant (2020) FLC 93-994; [2020] HCA 44. The issue arose because the language of the overseas order was not the same as the Australian order and the husband had not properly...
Managing Legal Costs Collaboratively We appreciate that payment of legal costs can present a challenge for many clients. We will work with you to ensure your case is dealt with as efficiently and cost effectively as possible. Transparent Information About Fees and Disbursements We will be transparent about our professional...
Either parent can apply for a child support assessment. Child Support issues an assessment setting out the amount of child support payable by one parent to the other. The assessment is based on a formula. The level of child support varies depending on such factors as: the number of children of the relationship; the amount of...
Bankruptcy issues frequently arise when parties separate - either contributing to the reasons for the separation or as an outcome of the separation. When bankruptcy and separation occur at the same time the question is: which legislation applies to determine whether the trustee in bankruptcy or the non-bankrupt spouse takes...