Frequent Topics

01.

Working with you through the ongoing COVID-19 pandemic

To our valued clients, referrers and community, Back in March 2020 we re-assured you that as the situation with the COVID-19 coronavirus pandemic continued to develop, we remained confident of being able to continue to service our clients through these uncertain times. You may have heard that under Victoria’s Stage 4...

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02.

10 family law tips in a continuing coronavirus pandemic

In these uncertain times when your personal, study and working life has drastically changed, the legal advice and assistance which you need is much different to your needs 12 months ago. As the COVID-19 pandemic has lasted longer than everyone expected and hoped, the challenges have become greater. This is a list of 10 things...

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03.

The Micawber principles: When bankruptcy and Family Law Collide

1.    Introduction Why is this paper called “The Micawber principles”?  Mr Micawber, in Charles Dickens’ David Copperfield is the eternal optimist.  His famous phrase “Something will turn up” is probably reflective of why many people end up bankrupt.  Judge Driver, in a case referred to in this paper, described a bankrupt as...

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04.

Will de-federation of the Family Court fix fragmentation of family law? An analysis of the ALRC’s final report on family law

Family law never stagnates.  Legislative reforms since the introduction of the Family Law Act 1975 (Cth) have often either followed societal developments or, more frequently, led or accompanied them.  However, the next 12 months has the potential for even greater change for family lawyers, the family law courts and parties...

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05.

Financial Agreements: still worth the candle?

Post Thorne v Kennedy (2017) FLC 93-807, family lawyers and clients have reconsidered the worth of financial agreements under the Family Law Act 1975 (FLA). At the outset, it is impossible to guarantee to clients that financial agreements are binding and will not be set aside. Lawyers can, however, take steps to reduce the...

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06.

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

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 plus interest. In Commissioner of Taxation for the...

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07.

The Family Court: Restructure, Destruction or Fade Away?

"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 The Family Court of Australia (FCofA) was established in 1976 as a best practice model offering in-house alternative dispute resolution such as mediation and...

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08.

Hot Cases in family law – 2018

The most important cases in 2018 have been diverse. This paper looks at some of these. Financial agreements continue to raise new legal issues, and defining a de facto relationship continues to be far more problematic than one would expect. An unusual case involved the ability of an adult child to access the court file of his...

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