by Jacky Campbell | Mar 2, 2018 | Financial agreements
If you think that the law relating to financial agreements changes faster than Australia changes Prime Ministers, you’re right. The High Court in Thorne v Kennedy (2017) FLC 93-807 added to the complexity. Here are the five top tips for preparing financial agreements...
by Jacky Campbell | Mar 21, 2018 | Financial agreements
Subject matter determines the enforceability of financial agreements The subject matter of a financial agreement is important. The parties and their lawyers overlooked this fundamental and preliminary point in the long-running Bloomfield & Grainger litigation...
by Jacky Campbell | May 6, 2019 | Financial agreements
Concise Drafting and s 90G Requirements In a post Thorne v Kennedy [2017] HCA 49; (2017) FLC 93-807 landscape, it has never been more important to draft financial agreements with precision, fairness and full disclosure. This paper concentrates on the drafting...
by Jacky Campbell | Mar 11, 2020 | Financial agreements
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...
by Jacky Campbell | Feb 16, 2021 | Financial agreements
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...
by Jacky Campbell | Apr 26, 2023 | Financial agreements
This article covers the following traps, and tips on how to avoid them or minimise the risks: Changes in the law Contingencies – changes in the parties’ circumstances Changes in entities and business operations Dealing with superannuation Inequality in bargaining...
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