The property interests of creditors and non-bankrupt spouses often conflict, and although legislative changes have been made to alleviate this tension complications still arise between these competing interests.
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Picture this - your client has finally started to get his life back on track after a nasty property dispute with his former wife. An audit by the ATO uncovers the transactions made pursuant to the Family Court Order trigger significant tax consequences for the client. He was not advised of the p..
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The Family Law Act 1975 does not permit couples to share custody of a pet after separation. As there is no provision for shared custody under the law, it can only be achieved by informal agreement. Some separated couples arrange this between themselves, but if that is not possible, then the question becomes: who keeps the dog in the divorce?
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Earlier this month the Family Court decided a case where a parent breached a Court Order, by refusing to allow their child to spend time with the other parent because of issues relating to Covid-19.
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The Fair Work Commission will include family and domestic violence leave into almost all modern awards. The details are currently being finalised. Why? Some employers may ask why, when they are trying to operate a commercial business, they are expected to share responsibility for this s..
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Welcome Welcome to the first edition of Medical Law Talk - a publication aimed at providing medical practitioners with regular legal updates related to the medical field. In each edition, we will provide a summary of the latest Medical Negligence cases as well as other information relevant t..
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The existence of a de facto relationship may give rights to each party in relation to an adjustment of property. We all think we know what a de facto relationship is, but how do we determine whether or not such a relationship exits?
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Hollywood loves a “pre-nup” and often spruiks the idea that when one party has an affair, the pre-nup is declared void or provides for the other party to be compensated. However, pre-nups in the Australian legal context are not exactly like those in Hollywood.
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In the difficult times which follow a matrimonial or de facto separation, many people are heard to have asked the question: "I have just separated - would it be a good idea for me to sell the boat and spend the proceeds?", or "I'm thinking of taking $30,000 from our savings account and going on
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We are often approached by accountants and clients frustrated with the family law disclosure requirements. Clients often say “I don’t want to give them my tax returns, bank statements or payslips - that is a breach of my privacy”. A good understanding of disclosure obligations is impor..
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When it comes to child support, it’s important to make sure the amount you pay is right for you, and achievable in your circumstances. Often, payers and payees are not aware of their rights to change the amount of child support paid. Some common scenarios where child support can be r..
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