Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA 468 (22 June 2018) the main reason …
Binding Financial Agreement Challenging Binding Financial Agreements conflict resolution Contract Law dispute resolution Divorce Family Law family mediation
4 June 2018
Challenging a Binding Financial Agreement in court
There has been a lot of debate lately about how hard or easy it is to challenge a binding financial agreement (BFA) in court. BFAs made between married or de facto spouses and can be made before moving in/marriage (“prenups“) or during the relationship post-marriage/moving in. Just because it may seem unfair to enforce the …
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Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Family Law
12 October 2017
Paternity Law and DNA Paternity Testing
Paternity in family law disputes Under current law, paternity is “presumed” in the flowing circumstances: If a child is born to a woman and at the time she is married – the child is presumed to be the child of the woman and her husband, subject to some specific time limits: s 69P of the …
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Leases Property
12 October 2017
5 Benefits of a signing a Long Term Retail Lease
Benefits of a long term lease There are many benefits to a long lease, these include: Security of tenure Business stability Opportunity to build goodwill Sufficient time to recoup the cost of the business investments Greater value – a business with a long lease generally has greater value than one with a short lease and …
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Wills
12 October 2017
What is the cost to create a Will and should I make one?
Prices for wills these days vary these days-from a couple hundred dollars for the usual basic husband and wife type of will where the asset structure is simple- to thousands where a testamentary trust is required due to complex nature of the will and greater need for protection of the inheritance. Cheaper than paying for …
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Leases Property
11 October 2017
3 Lessons about Retail Lease Disputes
Retail lease disputes in Victoria and around Australia commonly arise in shopping centres in relation to relocation, exclusivity, fit out requirements, turnover rental, promotion funds and signage. For other shops, shared parking and repairs and maintenance are often the cause of argument. Old air conditioning units that are constantly malfunctioning test the understanding of the …
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Wills
25 September 2017
Grounds for Challenging a Will
What are the grounds for challenging a will? Family members, dependants and beneficiaries named in a will may distrust the will’s validity, alleging that it should not stand as the testator’s last will. To challenge a will an applicant requires ‘standing’, which essentially means they must have an interest in the proceedings either as a …
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Appeals Court Criminal Law
8 September 2017
Appeal from Magistrates Court Sentence
Have you been charged and convicted of a crime? If so, was the penalty excessive? Or worse still -were you innocent of the charges but still convicted? An accused has the right of appeal to the County Court from the Magistrates’ Court, against conviction and/or sentence. There are time limits to do this, however. A …
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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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