by Jacky Campbell | Dec 25, 2015 | Financial agreements
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...
by Jacky Campbell | Apr 24, 2016 | Bankruptcy and insolvency, Financial agreements
The Full Court of the Family Court of Australia in Grainger & Bloomfield[1] considered the standing of a creditor to apply to set aside a financial agreement after the debtor spouse became a bankrupt. Shortly prior to the bankruptcy, the bankrupt spouse...
by Jacky Campbell | Jun 14, 2016 | Financial agreements
Introduction There are complex legal principles involved in drafting a financial agreement which will stand up to court scrutiny. There are two main risks: The agreement is found not to be binding because it does not meet the technical requirements; and The agreement...
by Jacky Campbell | Apr 14, 2017 | Financial agreements
How the High Court’s Ruling May Affect Financial Agreements How do the concepts of duress, undue influence and unconscionability apply to the setting aside of financial agreements? Are they alternative arguments or overlapping? Does the giving of legal advice mean...
by Jacky Campbell | Nov 15, 2017 | Financial agreements, Parenting, Property
Even before the delivery of the judgment by the High Court in Thorne & Kennedy on 8 November 2017, a financial agreement case, there have been major developments under the Family Law Act 1975 (FLA) in case law in 2017. This paper covers: Wallis & Manning...
by Jacky Campbell | Nov 19, 2017 | Financial agreements
There has been a strong reaction, almost panic-stricken, in the media and by lawyers to the first examination of financial agreements by the High Court. Is this reaction justified? Has the High Court hung financial agreements out to dry, or are they still a viable...
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