In the case of Grunseth & Wighton [2022] FedCFamC1A 132 (26 August 2022) an appeal was made from original orders dividing the parties’ property so the appellant (de facto wife) received 47.5 per cent and the respondent (de facto husband) received 52.5 per cent. Background to case The appellant contended that such a finding could …
Appeals Family Law Property property division Property Settlement
25 July 2022
WIFE SUCCESSFUL APPEALING COURT OUTCOME FOR PROPERTY SETTLEMENT- LESS DEBT TO TAKE
The case of Chan and Lee 2022 was an appeal bought by the wife against property orders made on 23 March 2021 when she was not satisfied with the result of taking on debts with the property she was awarded. BACKGROUND The parties were married on 15 May 2008 and separated on 16 May 2016. …
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Divorce Family Law Property Settlement
21 October 2020
What is a full and frank disclosure in Family Law?
What is a full and frank disclosure in Family Law? All parties to a family law dispute are required to make full and frank disclosure of information and documentation that is relevant to the matter. This duty to disclose information relates to both paper and electronic documentation and/or information in your possession or control. It is …
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Divorce Family Dispute Resolution Family Law Mortgage Property Property Settlement Transfer of Land
18 June 2019
Forcing a sale of jointly owned property in Victoria
Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …
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Family Dispute Resolution Family Law Property Settlement
21 May 2019
Pet Custody Laws in Australia
Pet Custody Laws in Australia Pet custody cases are rare in the family law courts following a break-up – most of the time lawyers warn their clients not to push the point on the issue of with whom the pet will live. Judges, with backlogs of cases and overflowing duty lists, are generally as pleased …
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Divorce Family Law Property Property Settlement Separation
29 August 2017
Splitting Super after Divorce
How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship. Rather than cashing out the super is “split” and assigned to the spouse who is entitled to a top up. Superannuation …
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Binding Financial Agreement Contact Conveyancing Legal Practice Power of Attorney Property Settlement
25 November 2016
Who can prepare legal documents? The law on unqualified practice
What is an unqualified legal practice? Many people are not aware of this concept: that the preparation of most legal documents is not permitted to be done by another type of professional, only a qualified lawyer. And this is for good reason, as great damage an be done by allowing just any person to do legal work …
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