Kate Marr

An article in the Herald Sun on 1 July 2016 reported that a wealthy Melbourne Real Estate Director has been accused of collusion, after a mansion sold for $8 million after the finalisation of a property settlement (whereby the Real Estate Director valued the property $3.13 million less, just eight months prior).

The Wife agreed to a property settlement for … Read more

Zoe Durand

Whilst it seems more common sense to write about a recent Court case, I am interested in the lack of recent so called “mistress” cases since the case of Jonah & White [2011] FamCA 221, failed on appeal (Jonah & White [2012] FamCAFC200). Did the failure of the appeal mean that other potential applicants in similar situations no … Read more

I Have to See a Family Consultant – Help!

by Anne-Louise Pham on October 24, 2016

Anne-Louise Pham

Sometimes in parenting proceedings, the Court will make an Order for the parties (and in some cases the children) to attend upon a Family Consultant. This may be for the purposes of a Child Inclusive Conference, a Child Dispute Conference or a Family Report. This can be a daunting process for many people. Other than your Affidavit, this is the … Read more

But I Don’t Really Own That Property

by Peter Magee on October 23, 2016

Byron Leong

Australia has seen an increase in Chinese families moving to Australia to live from China, therefore an increase in separation of Chinese immigrant couples. Separations involving Chinese immigrants often have the complexity of assets in China. Not only are there assets in China but there may be the issue of who truly owns them.

Chinese families have a history where … Read more

A House That Splits in Half When You Separate

by Natasha Heathcote on October 23, 2016

Natasha Heathcote

It may sound like a dream come true to many couples going through contested Court proceedings “fighting over” who gets to keep the matrimonial home. However, Amsterdam based design and engineering practice Studio OBA has the solution to the problem. Split the house in half.

How you say?

A floating home that will drift apart when you also drift apart … Read more

Rhiannon Noble

It is not unusual to have parents residing in different jurisdictions following their separation. However, when there is a dispute as to which jurisdiction and with which parent the child should live with, it raises two very important questions for the Court to consider:

  • Firstly, which country is the appropriate forum to commence Court proceedings in, i.e. Australia or the
Read more

Consider Whether Mediation is Appropriate for Your Case

by Peter Magee on October 21, 2016

Peter Magee

This article is part three of a four part series which presents strategies for resolving your family law dispute in a timely way, in circumstances where many Registries of the Family Law Courts are experiencing crippling delays of over a year between filing initiating Court documents and obtaining a final hearing. This article considers why mediation may be a good … Read more

Bree Staines

The matter of Scott and Scott [2016] FCCA 1659 (5 July 2016) was decided in the Federal Circuit Court of Australia by Judge Terry. The interesting facts in this case are that the parties were aged 83 and 91 and at the time the matter went before the Court they had been separated for 30 years – they married back … Read more

The Gender Pay Gap and Inequity in the Family Court System

by Felicity Reeman on October 20, 2016

Felicity Reeman

The gender pay gap is described as the difference between women’s and men’s average weekly full time equivalent earnings expressed as a percentage of men’s earnings.[1] In Australia, based on data collected by the Australia Bureau of Statistics (ABS) in November 2015, the national gender pay gap stood at 17.3%.[2] Whilst the gap has slightly decreased from the record high … Read more

The “Good” Divorce?

by Peter Magee on October 20, 2016

Daniel Rod

I read an incredible article by Christine Carter PHD that spoke about a “Good” divorce. She states that:

Divorce can be done well and in a mature way that puts the kids’ needs first. There is a lot of research examining what makes divorce more beneficial — or at least less damaging — for kids.

Here is the main takeaway … Read more