1638 results
Domestic violence in financial cases in the Family Court and Federal Circuit Court of Australia
The Family Law Act 1975 established the ‘no fault’ divorce principle. This means that, unlike in some other jurisdictions, to establish grounds for divorce, courts do not have to consider which partner is to blame for the breakdown of a marriage. Where domestic violence can be a factor establishing ‘fault’ as grounds…
What’s in a name? Changing your child’s surname after separation or divorce
Your child’s name can be changed where you have the consent of the other parent and the change of name is in the child’s best interests. Change of name without other parent’s consent In Chapman and Palmer, the Full Court of the Family Court held that a court will not prevent a parent from…
Show me the money: the consequences of failing to disclose assets in family law proceedings
Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This principle was stated in In the marriage of Briese, where the court said that “a person … has a positive obligation to set out at an early stage [their] financial…
Is it okay to let your former spouse travel overseas with the children?
The short answer is no. Once a parent has left the jurisdiction of Australia with the children, the children may become the centre of an international child abduction and never be returned to Australia. International child abduction is a parent’s worst nightmare and causes severe psychological trauma to the children and the…
Swaab Attorneys launches a new look and a new name
The partners of the firm are proud and excited to announce that from Monday 24 September 2018 the firm will be renamed Swaab. This name change will also include a new logo, website and refreshed brand. The Swaab brand has been evolving since the firm was first founded by Fred Swaab back…
Guide — A Global Roadmap to Personal Data Protection
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A Global Roadmap to Personal Data Protection
“Not so long ago, “data protection” meant a locked filing cabinet and a good shredder. No longer. In a single generation, protecting data went from safeguarding documents to securing information of almost every kind, both tangible and in electronic form. Although everyone understands what it means to protect a hard copy document, it is…
Michael Byrnes discusses casual employment on ‘Money News’
Michael Byrnes discusses casual employment on the ‘Money News’ program on 2GB, 3AW and 4BC. Listen to the interview here (from 37.30).…
Lawyers Weekly article ‘Mid-tier firm rebrands with new name’
Lawyers Weekly have covered the Swaab brand refresh in an article titled ‘Mid-tier firm rebrands with new name.’ The article includes an interview with Mary about the importance of the changes, and what this means for the firm.See following an excerpt:Speaking to Lawyers Weekly, Swaab managing partner Mary Digiglio said this change…
Swaab Connect | October 2018
Our October issue of Swaab Connect launches the new look of our newsletters following the renaming of the firm as Swaab and a new look and website going live. In this issue, Annette Wilson and Katerina Lonergan examine the consequences of failing to disclose assets in family law proceedings, in their…
Obituary
In early 2016, Fred Swaab, entrepreneur and founder of Sydney-based Swaab Attorneys, sadly lost his long battle with ill health.Fred founded the mid-tier aspirational firm in 1981, which he led until 2010, when he retired as managing partner to become Chairman. He worked tirelessly to create a law firm with an…
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Crowd-sourced funding extended to private companies
From 19 October 2018, private companies can seek finance through the equity crowd-sourced funding (CSF) régime that was previously open only to public companies. CSF is a mechanism (an online platform) that allows eligible companies to raise capital by offering securities (only new ordinary shares) in the company to a large number of…
Competing Considerations: An Employee and her ‘Hobby Business’.
In the current age where any organisation, irrespective of size, can advertise to the world through the internet, the barriers to entry for “micro” or “hobby” businesses are lower than ever. Increasingly, employees are showing their ingenuity and entrepreneurship by setting up their own hobby businesses to the side of…
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…