Publications
Publications
Frequent Topics
Evolving ‘Best Interests’ Factors For Post-Separation Parenting – What You Need To Know About Family Law Reforms in 2023
Australia's family law landscape is undergoing significant changes that may impact separated parents. The Family Law Amendment Act 2023 (FLAA) is at the centre of these reforms, aiming to streamline and clarify certain aspects of family law. These changes will impact parents, children, and legal professionals alike. Please...
Major changes coming to the law on post-separation parenting arrangements — Who gets custody?
How parenting arrangements are resolved by the court has been a relatively stable and predictable aspect of family law for some years, after a period of uncertainty after the last major reforms in 2006. The playing cards are being thrown in the air again and it is likely that if proposed legislation is passed that it will be...
Super-Size Me: Superannuation Splitting and Family Law
Introduction Most property settlements under the Family Law Act 1975 (Cth) (FLA) involve a consideration of superannuation. Even the smallest property pools will usually include some superannuation. On 1 July 2022 the Superannuation Guarantee (SG) contributions increased to 10.5 % of earnings. This is now the minimum...
The beginning of the end of resulting trusts? — The High Court’s judgment in Bosanac v Commissioner of Taxation and Anor
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...
Recent Cases in Bankruptcy & Family Law
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...
Ink on the Wedding Dress: Ticking Time Bombs in Financial Agreements
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 upon the possibility of the agreement being “saved “ under ss...
How Much Child Support Should I Pay?
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...
Tips to Keep Your Family Law Costs Down
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. We will be transparent about our professional fees and the other out of pocket costs (referred to as ‘disbursements’) you may incur at...
Contact Forte Family Lawyers
CONTACT
Our professional Family Lawyers in Melbourne are ready to listen.
Level 2
535 Bourke Street
Melbourne 3000 Victoria Australia
PO Box 13172
Law Courts
8010 Victoria Australia
DX 364 Melbourne
Telephone
61 3 9248 5800
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61 3 9248 5899
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