Bad Bargains
If a family law litigant is not “happy” with their negotiated settlement, there are limited options for them to reopen or reagitate for a “secon...
21 February, 2020
News
But if we agree why can’t we have Consent Orders?
Well, unfortunately it’s not that simple. Whilst Consent Orders are the cheaper and simpler option for resolving a property matter and a more bi...
14 February, 2020
False Promises
Unfortunately for some of our clients in recent months, they have been left to wait for lengthy Court delays to have their parenting matters heard. Th...
11 February, 2020
Pre-Nup Timing
A difficult subject to broach oftentimes, however an important one for people who have children from a prior relationship or where there is a consider...
31 January, 2020
Comprehensive Parenting Orders
“We can sort out those details later” – famous last words spoken by several of our clients in the past. Nothing should really be lef...
21 January, 2020
Child Support – Is there a way out of it?
In short, no. Parents have an obligation to financially support their children. Many a client has asked us to assist them in facilitating or designing...
13 January, 2020
Disclosure – Show and Tell or Hide and Seek?
The process of providing full and frank disclosure in a property settlement matter is not a new concept by any means. Oddly, in some cases obtaining i...
09 January, 2020
2020 Doyles Guide Listing
Both our Legal Practitioner Director, Jerome Hey and our firm have been listed in the prestigious 2020 Doyle’s Guide for leading family lawyers ...
06 January, 2020
It Rarely Pays to Contravene Parenting Orders
The recent Family Court case of Donaldson & Ryder highlights the need for parents to be particularly careful to ensure full compliance with final ...
30 August, 2019
Family Law Q & A: Do I have to go to Court?
Over the next few posts, we will offer a Q & A on some of the most frequently asked questions in family law....
22 May, 2019
Family Dispute Resolution – is it for me?
This is a compulsory step before a parent can commence proceedings for Orders relating to their children and the arrangements for who they live and sp...
16 May, 2019
Is Domestic Violence Relevant in Property Matters?
Conduct is not usually considered by the Court in deciding how to do property settlement between parties to a marriage or de facto relationship. ...
08 May, 2019
Court Battle Longer Than Relationship
The Strahan’s (not their real name) have finally finished their 14 year long legal battle through the Family Court. They were only married 12 ye...
01 May, 2019
Superannuation Division
Superannuation can be a component of a property settlement which causes problems between the parties. Often one party’s super balance is as larg...
25 April, 2019
Domestic Violence: Never ok!
In its many forms, this type of behaviour is unacceptable. The current statistics are absolutely disgraceful in terms of the number of victims and the...
18 April, 2019
Prenup/Postnup/BFA/ Financial Agreement – why so many options?
They’re actually more or less the same thing, just entered at different stages of a relationship. Sure, a prenup is as it sounds, a document sig...
11 April, 2019
Please, will someone just tell me if I’m in a de facto relationship!?
Many a law blog/post/article/vlog I have viewed in recent months has not really assisted in this confusion. A de facto relationship is defined in diff...
03 April, 2019
“I need to speak to someone about my Divorce”
This is often the initial enquiry a person makes to their lawyer upon separation. What they rarely (but occasionally they do) mean is that they are wa...
27 March, 2019
Beware the Backyard Barrister
This phrase came from a client last year. Another client, throughout his matter continued to refer to the “the pub test” (I’ll come ...
20 March, 2019
Do I need a prenup?
I’m not entirely sure, but thanks for asking. Prenups are considered, even in 2019, to be a little taboo. A difficult subject to broach with a p...
19 March, 2019
But it’s my right to see my child!
Well, no it’s not actually. As a parent in the family law realm you don’t really have rights, per se. There is nowhere in the legislation ...
13 March, 2019
Mediation – but do I have to (Mum)?
Mediation has now become a compulsory step in most family law matters. This is to some people’s and, occasionally, their lawyer’s dislike....
06 March, 2019
My Toothbrush – what does that have to do with my Property Settlement Matter?
As a whipper snapper Junior Lawyer I remember being in a then Federal Magistrates’ courtroom where he would be known to say, “We will be h...
27 February, 2019
Inaction in Parenting Matters
We often speak to people who wish to make a change to their parenting arrangements. This can include reconnecting with their children after a period o...
20 February, 2019
Costs Order Awarded for Belligerence
In the recent family law property settlement case of Anison [1] (not the couple’s real name) Justice Hogan in the Family Court made a costs...
14 February, 2019
The Humble Subpoena – Part 2
Further to Part 1 of this article, the second example of a Subpoena gone wrong was where one had been served on the Wife’s lawyers. The Subpoena...
06 February, 2019
What’s Yours is Mine (Except Your Debts)
The recent High Court decision in Commissioner of Taxation v Tomaras [2018] HCA 62 determined the Family Court has the power to reallocate ...
30 January, 2019
The Humble Subpoena – Part 1
Sometimes, family lawyers can become a little Subpoena slap-happy, filing a raft of Subpoena when alternate options are available. Subpoena serve thei...
23 January, 2019