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Battling over Benji – contributions or best interests?

by Jacky Campbell | Apr 22, 2018 | Property, Topic

Introduction Recently, the Family Court declined to make interim property orders about a dog, leaving the parties to wait for a final hearing to determine the issue. This article looks at whether that was the right decision and what other options are available for...

Proving the existence of de facto relationships in family matters: finding certainty in murky waters

by Jacky Campbell | Jul 24, 2018 | De facto relationships, Topic

Introduction Since 1 March 2009 the Family Court and the Federal Circuit Court have been able to deal with property and maintenance disputes under the Family Law Act 1975 between de facto couples in all states and territories except Western Australia (and South...

Section 79A – setting aside property settlement orders: Procedural courtroom challenges in Family Law

by Jacky Campbell | Aug 22, 2018 | Property, Topic

There has been much hype around the setting aside of financial agreements, particularly following Thorne v Kennedy (2017) FLC 93-807. Additional uncertainty arises as to whether financial agreements are binding or can be “saved”. Consent orders are the fall-back and...

The Family Court: Restructure, Destruction or Fade Away?

by Jacky Campbell | Nov 3, 2018 | Articles, Overview of changes in the law, Topic

“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...

Treaties and international agreements relevant to family law proceedings in Australia

by Jacky Campbell | Feb 21, 2019 | International family law disputes, Topic

In family law disputes, the parties often have a significant connection to Australia: they are born here or have become Australian citizens, they have all or most of their property here, and they live in Australia when they separate. But, there are also many cases...

Tomaras– is the Family Law Act an escape hatch to avoid tax?

by Jacky Campbell | Feb 21, 2019 | Articles, Property, Topic

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...
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