Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset e.g for contents of a home you do not rely on the insurance replacement value, but rather second-hand goods value. For superannuation – depending on the …
Custody Family Dispute Resolution Family Law Parenting Orders Separation
6 June 2019
Social Media and Family Law
Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for parents. Social media and family law is …
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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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Court Deceased Estate Executors Inheritance Probate Wills
17 May 2019
What is a grant of probate – cause of death – and missing persons
What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
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Executors Letters of Administration Probate Wills
17 May 2019
What is Probate of a will?
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I’m the executor and I can’t afford the funeral expenses? Am I capable of being an executor? What should I do if I’m not? …
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Family Law will contest representation will contests Wills
6 December 2018
3 reasonable grounds for contesting a will
Losing a family member or a loved one is an emotionally distressing time for many people; comprehending the thought of never being able to see them again is enough to deal with. When there is a will involved, families can be torn apart in the midst of hurt and pain. Let’s be honest though, sticking …
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De Facto Relationships family dynamics Family Law
12 October 2018
When is a relationship legally defacto and does it end with an affair?
You may have heard people tell you the ‘rules’ about when a relationship becomes a de facto relationship under the law (often from what they hear from friends or read or watch on TV). Many people assume you just need to be living together for 6 months tor have a joint bank account to be …
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Family Law Spousal Maintenance
12 October 2018
Spousal Maintenance Australian example: Can I claim Spousal Maintenance (plus a wardrobe allowance)?
The 2018 case of DODT & ELEI (see below) decided a dispute on this very issue. This was an appeal against a spousal maintenance order. We discuss this spousal maintenance Australian example. Mr Elei had been ordered to pay Ms Dodt $1,450 per week and to cover her private health insurance. The amount took into account …
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Court Custody Parenting Orders
7 August 2018
Breach of Parenting Orders – Withholding Kids
So you finally got some court orders about your child’s right to spend time with you. But what happens when the other parent is withholding the children with excuses and parenting orders are breached? This was looked at in the recent case of Raki & Perez Varela (2018) Background of Raki v Perez case Parties …
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Family Dispute Resolution Contact Family Law Laws on Children
20 July 2018
Parental Alienation Syndrome and Collaborative Approach in Family Law Cases
Parental alienation seems to be increasing, according to a lot of family law solicitors in Australia. Meaning of Parental Alienation Syndrome What is parental alienation syndrome (PAS)? Essentially, it occurs when one parent influences the child against the other parent, by emotionally manipulating the child. Usually, the child (of any age from a toddler to …
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