Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Asset Protection Family Law Inheritance Property
22 August 2017
Inheritance and Divorce: Claims over a spouse’s inheritance
Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no “one rule for all cases“. Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time since the inheritance – If a long time has passed between …
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Court Custody Family Law
8 August 2017
Moving abroad with child after divorce
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don’t agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in parenting cases. In the recent case of a …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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Conveyancing Property Tax
31 July 2017
Property over $750 000 needs ATO clearance certificate to avoid 12.5% tax
All vendors selling property over $750,000 are required to obtain an ATO Clearance Certificate These new changes will apply to contracts entered into on or after 1 July 2017. What are the upcoming changes? From July 1, the FRCGW withholding tax rate increases to 12.5% from 10%. This applies to properties where the purchase price is $750,000 and above, where it …
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Deceased Estate estate dispute resolution estate disputes inheritance litigation will contests Wills
27 July 2017
Can my stepchildren contest my will?
Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more “blended” families and hence stepchildren. Does a stepchild have standing to challenge a will? The simple answer is yes. Stepchildren may have …
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Conveyancing Property
12 July 2017
Regional Victoria buyers: first home owners grant advantages
The Victorian Government announced that it intends to increase the First Home Owner Grant (FHOG) from $10,000 to $20,000 for new homes built in regional Victoria and valued up to $750,000. This will apply for contracts signed from 1 July 2017 to 30 June 2020. Eligible first-home buyers of new homes in metropolitan Melbourne will continue …
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Conveyancing Property
9 July 2017
Amendments to the Sale of Land Act 2016 and the Property Law Act 1958
The Consumer Acts and Other Acts Amendment Act 2016 No 23 (Vic) was assented to on 10 May 2016. This act updates both the Sale of Land Act 1962 and the Property Law Act 1958 to amend anomalies in these Acts. These amendments will come into effect on 1 June 2016. Sections 29W(1), (2), (3) …
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Deceased Estate estate disputes Family Law Wills
8 March 2017
Who has the right to make decisions about the deceased’s funeral?
Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one. The poor funeral directors have to then work out who can they legally take as their client. The law, at least in Victoria, states that it is the executor of …
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