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 | Jul 31, 2022 | Financial agreements, Articles
Introduction When drafting and advising on financial agreements it is obviously necessary to refer to the technical requirements for an agreement to be binding (contained in ss 90G(1) or 90UJ Family Law Act 1975 (Cth) (FLA)) to ensure they are met, rather than rely...
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...
by Jacky Campbell | Jul 24, 2023 | Financial agreements
The reality is that, for some clients, happily ever after involves the parties eventually going their separate ways. When relationship breakdown occurs, how watertight is a financial agreement under the Family Law Act 1975 (Cth) (FLA)? This paper takes a risk-averse...
by Jacky Campbell | Nov 28, 2023 | Financial agreements
This Webinar looks at the basics of drafting and advising on a financial agreement and minimising the risk of a financial agreement under the Family Law Act 1975 (Cth) (FLA) being found not to be binding or being set aside. It covers: Ensuring compliance with the...
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