From the category archives:

Property

Byron Leong

In the decision of Turner & Turner [2016] FamCAFC 121 the Full Court had to consider an appeal by a husband against an order made in relation to a property settlement where he failed to participate in the final hearing. The Trial Judge, Justice MacMillan dealt with the matter on undefended basis.

The parties were married for 19 years and … Read more

How to Prepare For Court

by Rhiannon Noble on October 6, 2016

Rhiannon Noble

Attending Court for the first time can be an extremely daunting experience, particularly if you are unable to instruct a Solicitor to act on your behalf at the hearing. The benefit in instructing a Solicitor to act on your behalf throughout Court proceedings is that they will be able to guide you through the Court process, ensuring that you are … Read more

When Court Proceedings Make the Property Pool Disappear

by Bree Staines on October 5, 2016

Bree Staines

On 5 August 2016, the Sydney Morning Herald reported on a wealthy businessman’s property settlement being played out in the NSW Supreme Court. In summary, this property settlement includes three characters:

  • The rich husband/boyfriend
  • The poor ex wife
  • The rich girlfriend

The reason the property settlement proceedings were in the Supreme Court on equitable basis rather than the Family Court … Read more

Planning a Holiday?

by Kate Marr on October 4, 2016

Kate Marr

The Kidspot article titled “Single mum throws in her job to travel around Australia with her three year old” sums up the essence of the article published on 19 January 2016 well.

The article tells the story of a young mother (who was originally based in Perth working as a hairdresser) selling everything she owned to travel by car around … Read more

Daniel Rod

In my earlier blog, I discussed the merger of the Family Courts into divisions of the Federal Court of Australia. In my blog I argued that the Courts should instead be looking at measures to engage with existing and upcoming technologies in order to provide maximum benefit to the users of the system.

One area I identified was a possible … Read more

Packing For Separation

by Bree Staines on September 28, 2016

Bree Staines

When a couple separate and there is a need to effect a property settlement, the party to the relationship/marriage that is leaving the family home may be too preoccupied to think about what they need to take when leaving the property. When everything a home needs can be purchased brand new from Kmart, taking your favourite clothing items and leaving … Read more

Mythbusters – Family Law Myths Debunked Part 2

by Rhiannon Noble on September 28, 2016

Rhiannon Noble

Myth 3 – I need to get a divorce before I can negotiate my property matter.

There is no requirement in the Family Law Act 1975 that obliges you to obtain a divorce order before you can begin negotiating or commence proceedings for property matters. These negotiations can occur immediately following separation. You must wait a period of twelve months … Read more

Mythbusters – Family Law Myths Debunked – Part 1

by Rhiannon Noble on September 27, 2016

Rhiannon Noble

Won’t my Wife and I get 50% of the property pool each? I have been living with my partner for six months, are we in a defacto relationship? Won’t the Court allow me to have my children 50% of the time? These are the types of questions family lawyers hear on a regular basis and just like the MythBusters team … Read more

Kate Marr

It was reported in The Australian on 12 September 2016, that Judge McGuire recently delivered a judgment in the Federal Circuit Court of Australia, in relation to who should be liable for payment of private school fees for children of a couple who had separated.

It is often a point of contention between parents, which school their children should attend. … Read more

Notice of Appeal to be Filed Within 28 Days of Judgment

by Karen Devey on September 10, 2016

Karen Devey

To Appeal an Order made by the Family Court or Federal Circuit Court, a Notice of Appeal needs to be filed within 28 days of the Orders being made, pursuant to the Family Law Rules. However, in limited circumstances, this timeframe will be extended with leave of the Court.

In the recent decision of Oaks & Udall [2016] FamCAFC 96, … Read more