All publications relating to ‘Family Law’
Disagree with a valuation by jointly instructed single expert? What not to do!
The Family Law Act 1975 (Cth) sets out the general principles the Court will consider when determining financial disputes after separation. The general principles are the same regardless of whether the parties were married or in a defacto relationship.The first question the Court needs to determine in an application for property…
Mediate, collaborate or litigate — resolving your Family Law matter
There are a number of ways in which you can resolve your financial and parenting issues after a relationship breakdown. The first and least expensive way to resolve these issues is to discuss them with your partner and attempt to come to an agreement. You should obtain legal advice before attempting to resolve the…
How are pre-relationship assets treated in a property settlement? Are they included or excluded?
After separation the parties to a marriage or a defacto relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include all assets held jointly or individually whether they were acquired prior, during or after the relationship. It does not matter which partner paid for the…
What happens to children on the death of a residential parent in the context of divorce and separation
There is no automatic right for the surviving parent to have the care of children after the death of the residential parent. On the death of a residential parent the parenting order that specifies that the children would live with them ceases. Most parents have joint parental responsibility, so it is…
Divorce and Separation — What you need to know
How long do I have to be separated before I can divorce my spouse? A divorce is the Court’s recognition that a marriage no longer exists and a separation shows your intention to divorce. In Australia you are required to be separated for a period of 12 months before you can make an Application for Divorce…
Superannuation and relationship breakdown
The Australian Financial Review recently ran an opinion piece (by Tim Mackay) on the ATO announcing that it is using a “top 100 SMSF” list to “target aggressive tax planning arrangements.” The top 100 SMSFs reportedly control a combined $8 billion. Superannuation is a tax effective way to save for retirement, and while…
An employment and family law guide to family and domestic violence in the workplace
Introduction In 2018 Family and Domestic Violence Leave was introduced to the Fair Work Act 2009 (Cth) (Fair Work Act) and as a model term in modern awards. This initiative came after a strong campaign from trade unions and community groups. However, family and domestic violence is a topic that many employers do…
Commissioner of Taxation v Tomaras: High Court rules that tax debts can be transferred between spouse parties
Generally, debts of parties to a marriage (or de facto relationship) which were incurred during the marriage, are paid out of joint assets as part of a final property settlement. It is not uncommon for parties to pay out any debts owing to the Australian Tax Office, as part of this process. However…
We can’t agree about our child’s religion. What will the Court do?
In determining parenting arrangements for children, the Court’s paramount consideration is to make Orders which are in the best interest of the child. There are a number of different factors the Court will look at, in determining what arrangements are in a child’s best interests. Generally, a child’s religion is a matter for parents to…
‘Tis the season: a word about gifts in your family law property settlement
It’s the time of year where most of us are busily engaged in buying last-minute gifts for our friends and loved ones, looking for that perfect gift. For some of us, that will involve very generous gifts to our family members, perhaps of money for a house deposit, a car, a lovely piece of…