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Family Law October 12, 2015

Divorcing in Australia: All about Irretrievable breakdown and Separation

It was recently reported in the Canberra City News that a couple would divorce one another if the Federal Parliament was to pass any amendment to the Marriage Act 1961 (Cth) recognizing marriage equality. However, it unlikely that this couple would be granted a divorce by the Family Court of Australia, and this article explains why that may be the case.

Family Law October 12, 2015

The Story of Mr K & Mr M: Why you need an Accredited Specialist Family Lawyer

In a judgment delivered earlier this year, a Western Australian Family Law solicitor was ordered to repay $110,000 after it was determined that he had overcharged his client and had not kept proper time records.

Family Law October 12, 2015

The Relevance of Domestic Abuse in Family Law Matters

Domestic abuse has seen a great deal of attention in the news lately. In a 2007 study, the Australian Institute of Family Studies observed that domestic abuse is alleged in roughly 60% of the Family Law cases brought before the Courts.

Commercial and Business Law, Corporate Advisory September 7, 2015

“Orange” Is The New “Black”?

Thankfully, neither an orange nor the TV show “Orange is the new Black” has any relevance to this paper. The point of this paper is to consider the principles of finality, certainty and predictability in our legal system through a recent case study.

Wills and Estates Law August 24, 2015

Video Will Admitted To Probate For First Time In NSW

In the recent case of Re Estate of Wai Fun Chan [2015] NSWSC 1107, decided on 7 August 2015, the NSW Supreme Court granted probate of a ‘video will’.

Wills and Estates Law August 21, 2015

The 25 Million Dollar Question

What Does The Decision Of Mead V Lemon Mean For Future Family Provision Claims?

It is not often that an award of $25 million to an individual is referred to as merely a “rounding error”. However, Master Sanderson did just that when delivering his judgment in Mead -v- Lemon earlier this year. This Western Australian Supreme Court matter attracted considerable media interest due to the sums of money and the families that were involved, as the case gave the general public an insight into the immense wealth of the Wright-Hancock business partnership. As His Honour stated, “it is difficult for most people to comprehend such wealth.”

Dispute Resolution, Wills and Estates Law July 20, 2015

Family Provision Claims by De facto Partner Against Deceased Estates

A person with whom the deceased person was living in a de facto relationship at the time of the deceased’s death is an eligible person to make a claim against the deceased’s estate pursuant to Section 57(1)(b) of the Succession Act 2006. The meaning of de facto relationship for the purposes of the Act is […]

Family Law, Wills and Estates Law July 10, 2015

Proving a De facto relationship in the Family Courts

When the Federal government introduced the Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008 (Cth) it signified an important recognition of the rights of de facto spouses in the Family Law jurisdiction. The legislation served to confer on same-sex and opposite-sex de facto couples the same rights enjoyed by married couples […]

Family Law June 28, 2015

Letter to the editor from the Law Society Journal, June 2015

Not all fair in family law It is with dismay I read that the Attorney-General proposes to increase filing fees for Family Law matters, projecting to collect some $87 million of which only $22.5 million will be applied towards “streamlining the Federal Court, the Federal Circuit Court and the Family Court of Australia”. As the […]

Dispute Resolution, Family Law, Wills and Estates Law May 29, 2015

Claims By Stepchildren Against Deceased Estates

A stepchild of a deceased person can be an eligible person to make a claim for provision from the step parent’s estate pursuant to Section 57 (1)(e) of the New South Wales Succession Act 2006. However, the step child must have been at any particular time wholly or partly dependent upon the deceased person and […]