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 …
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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Contact Family Law Family Violence Laws on Children Relocation of Children Residence
2 July 2018
Wanting to relocate with children? Relocation of children cases
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 …
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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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