Latest publications
Death and family law property proceedings
If you and your former partner are unable to agree to the terms of a property settlement, one of you will have to apply to the court for property settlement orders. Litigating family law proceedings can be a lengthy exercise, but what happens if proceedings have been commenced and then a party to…
Cross all t’s, dot all i’s: Personal guarantees gone wrong
Introduction There are occasions, especially for small to medium size enterprises, where the company’s director or directors have to provide a personal guarantee in order to obtain finance and/or goods and services on credit. A personal guarantee empowers the lender or supplier to make the guarantor pay, on demand, all or part…
Appeals: a useful lesson
The decision of PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 highlights the difficulty of raising new issues on appeal, in so far as a party will (generally) be bound by the way in which it conducted its case at first instance. The facts Bastow Civil Constructions…
I’m broke, baby: bankruptcy and the right to litigate family law proceedings
It is not uncommon for you and your former partner to find yourself in tight financial circumstances following separation. You, or your partner, may well feel like you are broke. But what happens when things go beyond being broke? The recent Family Court decision of Sloan & Sloan looks at how proceedings…
Family Law Publication Restrictions: What’s private and what can be posted?
Parties to Family Law proceedings often confide in their loved ones for comfort and support during what is a stressful and emotionally charged time. Whilst the warmth and empathy of family and friends is invaluable in managing the challenges of a family breakdown, parties to Family Law proceedings should be aware that…
Children’s wishes in Family Law matters: will your child’s wishes be considered by the Court?
If you are experiencing a family breakdown, it is likely that you are facing one of the most challenging and stressful times in your life. It is important to remember that this stress and grief is not only limited to you and your former partner or spouse, but also extends to…
Use it or lose it; a recent case on the law of adverse possession
In New South Wales law it is possible for you to become the owner of land by ‘adverse possession’. Adverse possession, also known as ‘squatters’ rights’, allows someone to legally take ownership of land they have occupied exclusively for at least 12 years. In other words, it is essentially a case of…
Til Debt Do Us Part: The effective use and pitfalls of statutory demands
Introduction A creditor who is claiming a debt from a company will often want to employ the quickest and cheapest method of recovery and the risks, costs and length of time associated with commencing court proceedings may not be the most appealing option. Accordingly, many creditors will often consider issuing a company with a statutory…
The ABC of CGT in your family law property settlement
Tax costs have an effect on the property pool available for distribution. In property cases, the Court may take into account Capital Gains Tax (CGT) allowances when determining the asset pool. This article will set out how CGT is usually treated by the Court in family law property settlement proceedings…
Reheated Retweets: The Significance of a ‘Retweet’ in Employment
The CFMMEU Case In a recent case of the Fair Work Commission (FWC) (Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2018] FWC 6462), a ‘retweet’ by a member of the FWC, Senior Deputy President Hamberger, formed the basis of a submission by the Construction, Forestry, Maritime…