"Don't it always seem to go That you don't know what you've got till it's gone They paved paradise And put up a parking lot" "Big Yellow Taxi" by Joni Mitchell What was the original purpose of the Family Court of Australia (FCofA)? The Family Court of Australia (FCofA) was established in 1976 as a best practice model offering...
The Australian Taxation Office recently appealed to the High Court of Australia on the question of whether there was power under the Family Law Act 1975 (FLA) for the husband to be substituted for the wife in relation to a tax debt owed by the wife of over $250,000 plus interest. In Commissioner of Taxation for the...
De-federation and Family Law Fragmentation Family law never stagnates. Legislative reforms since the introduction of the Family Law Act 1975 (Cth) have often either followed societal developments or, more frequently, led or accompanied them. However, the next 12 months has the potential for even greater change for family...
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 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...
The equitable presumptions of advancement and resulting trust were examined by the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34; (2022) FLC 94-107 delivered on 12 October 2022. The High Court considered whether the presumption of advancement had been abolished and discussed the relevance of the...