Corporate structures and complications in family law settlements

When dealing with family law settlements, practitioners should obtain expert advice on corporate structuring and how to divide property in a tax effective manner.

By and - 8 min read

Busting the trust: Property under section 79 Family Law Act

It is uncertain when a court will find a spouse’s bare rights under a discretionary trust are capable of constituting property under s 79.

By - 7 min read

Understanding coercive control: Recent Family Law jurisprudence

Reforms criminalising coercive control are expected to commence mid-2024.

By - 9 min read

Duel to the death: De facto relationships and disputes over inheritance

Spouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.

By - 9 min read

‘Best practice’ when acting for spouses in property transactions

When acting for married couples in a property transaction, it’s best to obtain instructions from both clients even if one spouse is more proactive.

By - 5 min read

Removing the stigma: Access to family and domestic violence leave

Family and domestic violence leave aims to provide victims of family and domestic violence financial stability yet many are unaware of its existence.

By - 7 min read

Addressing a ‘critical’ need in family violence matters

Family law practitioners should be aware of the new Critical Incident List which manages cases where a non-parent carer seeks parenting orders in narrow circumstances.

By - 5 min read

Discharging an independent children’s lawyer: what does the case law say?

The Act does not set out circumstances where discharge of an Independent Children’s Lawyer may be warranted, rather this has developed from the case law.

By - 6 min read

High Court rules on what constitutes ‘breakdown’ of a de facto relationship

The High Court held the objective conduct of the parties needs to be examined when determining whether a de facto relationship has broken down.

By - 6 min read

A vaxxing issue: parenting disputes over vaccination of children against Covid-19

In parenting disputes regarding whether to vaccinate a child against Covid-19, a primary consideration is whether the decision will be in the child’s best interest.

By and - 6 min read