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8 Tips For Dealing With Overseas Property
In these increasingly mobile times, the family law courts are often faced with the question of how to deal with property which is located overseas, such as bank accounts, superannuation, and real property. Does Australia Have Jurisdiction Over Overseas Property? The test is that Australia is not a “clearly inappropriate forum”...
Eight tips on add-backs
Add-backs in Proceedings for the Alteration of Property Interests Add-backs in proceedings for the alteration of property interests under the Family Law Act 1975 (Cth) (FLA) occur when the court adds back funds or other property to the property of the parties, when funds or other property has been used by one of the parties...
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...
Family Law and Health Care Decision Making for Children
Introduction A person’s consent is generally required in Australia before medical treatment can be provided. People are not required to provide that consent, and there are various reasons why they may withhold their consent. The issue of consent is, however, complicated when the patient lacks the requisite capacity to provide...
Will de-federation of the Family Court fix fragmentation of family law? An analysis of the ALRC’s final report on family law
De-federation and Family Law Fragmentation 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...
Superannuation Splitting Agreements and Orders
Introduction The Family Law Legislation Amendment (Superannuation) Act 2001 (“the FL Superannuation Act”) and associated regulations started on 28 December 2002. This paper looks at the practicalities of drafting orders and superannuation agreements, not valuation of superannuation interests and what percentage split should...
The Truly Binding Finanical Agreement – Is concise drafting the key?
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 essentials to minimise the risk of a financial agreement being found...
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...
Treaties and international agreements relevant to family law proceedings in Australia
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 where parties separate in circumstances where they were born...
Family Violence – changes to the Family Law Act
The Family Law Amendment (Family Violence & Other Measures) Act 2018 ("Family Violence Act") commenced operation on 1 September 2018. Its changes will impact on the law, practice and procedures in family law matters, not only where there are family violence orders. Although the Bill received considerable attention when it...