Successful co-parenting is all about good communication. And while we hope that we’d always be able to speak to our former partner amicably, the reality is that emotions, stress and the demands of daily life mean we don’t always communicate … Read More
As the deadline for opting out of My Health Record approaches, separated parents are being urged to consider how they will manage their children’s health information online. My Health Record is the Commonwealth government’s digital health record system which is … Read More
As well as the excitement (and relief) of kids heading back to school, the new year can be a stressor for separated parents when it comes to back-to-school expenses. The issue of who pays for school fees, uniforms, laptops, books, … Read More
With the summer holidays looming, parents are planning how they’ll keep the kids occupied and happy for the long weeks ahead. With many still having to work for much of the school holidays, it can be a challenge to coordinate … Read More
Christmas is all about family. It’s a time to get together, indulge in good food, a few drinks and swap stories about the year that’s been. And it’s also an ideal time to talk about death. Or more specifically, estate … Read More
DDCS Lawyers are delighted we have been recognised as a top law firm for the ACT in the 2018 edition of Doyle’s Guide. Doyle’s Guide is a peer-reviewed listing of the best firms and lawyers across Australia. As with previous … Read More
The recent amendments to the Marriage Act, that came into effect as of 9 December 2017, may have inadvertently revoked your Will. For couples in the ACT, getting married automatically revokes any Will you have in place before marriage – … Read More
Winter is coming and so are changes to the superannuation system, starting on 1 July 2017. One of the major changes is to limit the amount of super that a person can have in a tax free pension environment. In … Read More
By Phil Davey A recent decision of Justice Brereton in Lodin v Lodin: Estate of Dr Mohammad Masoud Lodin throws light on the circumstances in which a former spouse can make a claim against an estate by way of a … Read More
By Chloe Curran As seen in the December 2016 edition of B2B Magazine Have you recently separated from your partner? Have you formalised your property settlement by way of a Consent Order or Financial Agreement? This article explains why you should … Read More
[template id=”755″] By Rehana Richard Significant changes to the Power of Attorney Act 2006 (ACT) came into effect on 1 September 2016. Whether you have an existing Enduring Power of Attorney or are thinking of making an Enduring Power of … Read More
As seen in the October 2015 edition of B2B Magazine I’m not particularly handy when it comes to home maintenance,but there’s one thing I have learnt from the plethora of home renovation shows – when DIY projects go wrong, they go … Read More
By Di Simpson Earlier this year, I read an article in Daily Life where Jane Gilmore explored, “How can Victoria tackle domestic violence without a national response?” Jane identified a number of key issues relating to the challenges facing the … Read More
By Stuart Cameron As seen in the June edition of B2B Magazine We live in the Information Age, where access to previously unobtainable information is available at the stroke of a key. We look to the world wide web to answer … Read More
By Carrie Gan If you follow celebrity news, you’ll have heard about Amber Heard’s separation from Johnny Depp. If not, here’s a summary: Heard “filed for divorce” alleging Depp was physically violent towards her. She alleges Depp threw a magnum-sized … Read More
One of the best parts of my job is that I get to spend time talking to people about their travel plans. As winter settles on Canberra, many of my clients will soon be heading away in search of warmer … Read More
By Di Simpson In the budget announced on Tuesday 7 June 2016, the ACT Government revealed its Safer Families initiative, with $21.4 million allocated over four years, to drive improvements in a “whole-of- government, community-backed response to family violence”. The … Read More
By Juliet Behrens A birth certificate is probably the most important identity document you have. It records who your parents are, their occupations, where you were born, and details of your siblings (if any). It is a document which you … Read More
By Rehana Richard As seen in the May edition of B2B Magazine You are a child of the 80s and 90s – a product of the Generation Y era, just like me. You’re young, healthy,technologically savvy and enjoying the best years of your … Read More
By Sage Leslie As seen in the May edition of B2B Magazine Many factors go into working out how best to divide assets following the breakdown of a relationship. One factor that can be overlooked in negotiations is the taxation … Read More
High Court decisions regarding wills and estates matters are relatively few and far between, so it is always of interest when a matter is considered by the High Court. The High Court recently handed down the decision of Badenach v … Read More
Having to represent yourself in family law litigation is a very difficult thing to do. Many couples are simply not in a position to resolve their disputes via the mediation process or by agreement, and find themselves involved in litigation … Read More
Mahatma Gandhi once said, “The measure of a civilisation is how it treats its weakest members”. This statement is troubling when we pause to consider the impact of elder abuse in modern Australian society. As its name may suggest, elder … Read More
By Di Simpson Somehow in our thinking and talking about domestic violence, we’ve created a stereotype that only fits a certain kind of circumstance. We seem to revert to a mental checklist of what domestic violence looks like and what … Read More
By Di Simpson Full Court Decision – Elford and Elford [2016] FamCAFC 45 (29 March 2016) For most of us, what we would do with lottery winnings remains something we can only dream about. However, what happens to those winnings … Read More
By Jacquelyn Curtis International child abduction has once again been thrown into the media spotlight, with recent reports detailing the plight of a desperate mother who attempted to take custody of her children from their father in Lebanon. Media reports … Read More
By Di Simpson “We will punish the perpetrators, listen to the survivors and change the culture that allows family violence to happen in the first place. There can be no excuses. Our work begins today to overhaul our broken family … Read More
By Rehana Richard Your spouse, relative or friend has appointed you as their attorney under an Enduring Power of Attorney – but what does this mean for you? Here are some questions we are regularly asked by attorneys. What is … Read More
By Jacquelyn Curtis How can I get my name off a joint home loan? How can I get my ex partner to surrender the card to the credit card account? How do I have my car signed over to me … Read More
By Di Simpson Along with 7 wonderful women from our firm (and two charming gentlemen guests) I had the pleasure of attending the annual DVCS ball on the 19th of March. These sorts of events are always great – we … Read More
By Chloe Curran When parents separate and move on with their new lives, situations can arise where living arrangements might need to change along with a parent’s new circumstances. The possibility of a parent ‘moving away’ can create much stress … Read More
There is no doubt that the role of grandparents in the lives of children is an important, special and unique one. How often do you see the words, “When the tough gets going the tough go to grandmas” emblazoned on … Read More
Family Court ruling clarifies status of potentially polygamous marriages. By Sage Leslie In many countries around the world, polygamous marriage, where a person is married to more than one person, is still practiced legally. While they cannot be legally performed … Read More
By Juliet Behrens In a decision with interesting ramifications, the Full Court has recently considered whether a couple were in a de facto relationship, and took into account of the fact that the relationship was dysfunctional and abusive in making … Read More
By Sage Leslie Supporting an adult child going through a separation can be an incredibly stressful and sad time for any parent. However, things can become even more complicated if you are also entangled financially. It is increasingly common for … Read More
By Jacquelyn Curtis You don’t need to look further than last year’s Ashley Madison hack to see how easily technology can catch up to you. When hackers stole company data from the online dating company (best summed up by its … Read More
By Rehana Richard When we think of our personal relationships, Wills are probably not the first thing that come to mind. That’s completely understandable, I get it! However the status of your relationship can have a serious impact on your … Read More
By Chloe Curran A relationship breakdown can be an emotional time for people directly involved and for those supporting love ones from afar. Having a good understanding of the legal components can assist in minimising any further unnecessary trauma. In … Read More
When does an obligation for child support arise? A legal obligation to pay child support arises when: 1. The Child Support Agency issues an administrative assessment for one parent (or party) to pay child support to the other. An administrative … Read More
Many Australians are turning to assisted reproduction technologies to conceive but have they considered what will happen to any stored genetic material in the event of their death? This question was considered by the ACT Supreme Court in a recent … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
The highlight of the year so far for me has been the Law Week Dinner on 13 May 2015 (which was completely booked out), and in particular Rosie Batty’s inspiring speech, and the audience’s reaction to it. Australian of the … Read More
The Court of Appeal in WA has confirmed how important it is to consider superannuation when you do your will and your will if you do a binding death nomination in relation to your superannuation. Neither should be done in … Read More
Dying without a Will can lead to unexpected results, especially for the family of a person who has recently gone through family law proceedings. Media reports recently shared the story of a young man who died unexpectedly at the age … Read More
The Federal Government has recently announced the allocation of $3.5m to fund further research about projects aimed to reduce violence against women and their children. The funding come from Australia’s National Research Organisation for Women’s Safety (ANROWS) 2014 – 2016 … Read More
Wilcox v Wilcox involved a claim by two grandsons against their grandfather’s will. The grandfather’s estate was worth around $5.5 million and was left mostly to his only daughter who was the mother of his two grandsons. Justice Pembroke, after … Read More
I am regularly asked about whether an official “reading of the Will” needs to take place after someone has died. You have probably seen American movies where the family gathers after the death of a relative in an oak-panelled office … Read More
The Federal Circuit Court of Australia has recently announced a number of changes to their Rules. Of particular interest to family lawyers are the following: 1. Amendment to the Rules to make it explicit that the Court can make Orders … Read More
I had the good fortune to attend the 16th National Family Law Conference in Sydney in early October. The Conference is held every two years and provides an opportunity for assessment of the challenges facing practitioners working in family law … Read More
DDCS was delighted to attend the Inaugural Canberra Business Chamber Gala Dinner, held at Hotel Realm on 13 November 2014. The event, attended by Julie Dobinson, Phil Davey, Lois Clifford, Di Simpson and Sally McGuinness (plus our guests) and around … Read More
On Tuesday 11 November 2014 Julie Dobinson, Di Simpson and Sally McGuinness attended an event at the National Press Club, hosted by the National Foundation for Australian Women (NFAW). Eminent Anthropologist Professor Emerita, Diane Bell spoke of “Science matters: where … Read More
A relationship breakdown may be unplanned or unexpected. Often, it throws into chaos those plans you had to build a property portfolio or wealth with the support of your partner. You may not have made much headway into your mortgage. … Read More
When some of the most staunchly conservative states in the US allow same-sex marriage before Australia does, you know something weird is going on. Thanks to a decision by the US Supreme Court earlier this month, the US is moving … Read More
Support for marriage equality in Australia is higher than ever before. According to a recent survey, 72 per cent of Australians are in favour of allowing same-sex couples to marry. The survey was conducted by Crosby/Textor, one of Australia’s leading … Read More
While in Sydney attending the 16th National Family Law Conference I was buoyed by the continuing enthusiasm and commitment of family law practitioners, Judges and social scientists working in this demanding field. More than 940 people are attending the Conference … Read More
Last month the Family Law section of the Law Council released its comprehensive report about a range of issues relating to parentage under the Family Law Act. The report of the Family Law Council was released on 14 August 2014 … Read More
In parenting cases where Orders have been made about the time children spend with a parent (or other person), great care needs to be taken in drafting the Orders to ensure that each party understands what they are agreeing to. … Read More
On 30 July 2014, the ATO released Taxation Ruling TR 2014/5 – Income tax: matrimonial property proceedings and payments of money or transfers of property by a private company to a shareholder (or their associate). The ruling was previously issued … Read More
On 14 May 2014, the ACT Legislative Assembly amended the Family Provision Act 1969 to reduce the time for making a family provision claim from 12 months to 6 months after the grant of representation. This means that eligible applicants … Read More
The Minister for Education, Christopher Pyne, recently caused a media stir by floating the idea that the government should recover HECS debts from students who have died. Tony Abbott quickly announced that he would not be making any changes to … Read More
Canberra’s specialist family law firm, Dobinson Davey Clifford Simpson (DDCS), has just been announced as the leading family lawyers in the ACT for 2014 by the prestigious Doyle’s Guide. “This is the second time we have been awarded this impressive … Read More
A recent New South Wales Supreme Court judgment shows just how costly a failed family provision claim can be. Friend v Brian & Anor [2014] NSWSC 613 involved a claim by an adult daughter against her father’s will. Her father’s … Read More
A statement in a Will excluding particular persons may be ineffective if the estate is distributed on intestacy. The ACT Supreme Court recently handed down a decision in the Estate of McMullen [2014] ACTSC 53. The testator had made a … Read More
Limited Recourse Borrowing Arrangements (“LRBA”) – wins and losses from the ATO The ATO has recently provided Self Managed Superannuation Funds (“SMSF”) with a win and a loss in relation to LRBA arrangements. The win came in the form of … Read More
On 25 March 2014, the Board of Taxation released its second discussion paper on Division 7A of Part III of the Income Tax Assessment Act 1936 (“Division 7A”). Division 7A is an anti avoidance provision aimed at stopping tax-free distributions … Read More
This helpful tutorial deals with the important topic of the service (delivery) of divorce applications. It sets out the steps you need to take when serving divorce documents on your spouse, both inside and outside of Australia. Getting a divorce … Read More
More women graduate from Australian Law Schools than men and yet we still have fewer women represented in the upper echelons of legal firms, at the Bar and in the Judiciary. And, according to a senior NSW Judge, this may … Read More
Binding Financial Agreements (BFAs – sometimes colloquially known as “pre-nups”), are usually designed to protect assets owned by one member of a couple from a claim by the other member of the couple in the event of separation. Typically, BFAs … Read More
Balancing the demands of working life and raising a family is one of the constant challenges for those trying to do both. New Canadian research published in the Journal of Experimental Social Psychology and reported in The Telegraph on Sunday, … Read More
In a recent speech to the Women’s Super Summit, the ATO Assistant Commissioner, Megan Young spoke of the importance of Australian women thinking about and being interested in their superannuation. The fact that women’s super account balances are, generally, significantly … Read More
In order to access the small business CGT concessions in Division 152 of the Income Tax Assessment Act 1997, the taxpayer and their connected entities and CGT affiliates must have, amongst other things, net assets less than $6,000,000 or a … Read More
In the Sun Herald on Sunday, 9 February 2014, there was yet another article which warned of the risks for people contemplating entering a Financial Agreement before marriage (or a “pre-nup” as they are commonly known). Cosima Marriner spoke to … Read More
This might seem like a silly question since those of us who have experienced a relationship breakdown can identify a point in time when the relationship ended. It might have been when you fell out of love, after a big … Read More
A recent decision of the Full Court of the Family Court has cast a shadow over the idea that the special skill or contributions of a spouse entitles them to a greater share of relationship wealth. This idea is known … Read More
Uncertainty relating to how inherited assets will be treated in property settlement proceedings under the Family Law Act is a cause for much anxiety. Emotional attachment to a family farm or a home that has been “in the family” for … Read More
DDCS Lawyers are proud to support the 2014 Bungendore Show. Check out the 2014 Bungendore Show Program here – http://www.bungendoreshow.com.au/images/2014schedule.pdf The Bungendore Show is a great outing. There is something for everyone – the baking, the famous “flat chat” dog race or the … Read More
The Australian Taxation Office (“ATO”) has just published a legislative instrument under Section 71(1)(f) of the Superannuation Industry (Supervision) Act aimed at overcoming the risk of a Limited Recourse Borrowing Arrangement (“LRBA”) breaching the in-house assets rules in the SIS … Read More
The Australian Taxation Office (“ATO”) recently published Draft Taxation Ruling TR2013/D6. The ruling is, basically, a rewrite of the ATO’s opinion on the applicability of Division 7A of Part III (“Division 7A”) of the Income Tax Assessment Act 1936 (“ITAA36”) … Read More
I am currently at the stage of life where I seem to spend every second weekend attending a baby shower. Planning for the arrival of a baby is a busy time and most first time mothers have long lists of … Read More
The importance of having a will cannot be understated. For those people who go to the effort of making a will, it is crucial that they go the extra step of ensuring that their will complies with all the formal … Read More
A number of same sex couples recently celebrated their marriage under the Marriage Equality (Same Sex) Act 2013 (ACT). The new legislation also has an impact on succession law. The Wills Act 1968 (ACT) states that a Will is automatically … Read More
The Australian Tax Office recently issued a media release warning taxpayers about “dividend washing”. Dividend washing effectively allows a taxpayer to obtain two franked dividends on the same parcel of shares. It is particularly attractive in a superannuation environment where … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
Family provision is a growing area of law and high profile estate disputes are increasingly being reported in mainstream media. There are many reasons why you may not want another person to receive anything from your estate when you die … Read More
Members of the Federal Parliament and their staff from all political parties will tell you that they receive numerous queries and complaints about family law matters, and in particular about the operation of the child support system, from those in … Read More
It is notable that the Family Law Act makes no reference at all to “young people” (as is customary in legislation dealing with those who are between the ages of 12 and 18 years). It refers only to “children.” In … Read More
It is becoming increasingly common for single women to turn to IVF to achieve their desire to have a child of their own now assisted reproduction is readily available. Some of these women wish to be able to raise their … Read More
A recent case decided by the Family Court in Sydney is a timely reminder for separating couples to formalise financial and property matters after separation. In this case, the wife won $6 million on lotto six months after separation from … Read More
Sometimes I meet a person who happily tells me that they have “sorted” their property settlement with their ex, informally, “just between us”. No paperwork, no orders, no lawyers. “We just did what we agreed”. That might sound pretty good … Read More
On 25 July 2013, Prue Cameron of The Australia Institute published a report titled “What’s Choice Got To Do With It?” tackling the reasons why Australian women retire with significantly less superannuation resources than their male counterparts. According to the research, … Read More
This week the Daily Telegraph, commenting on a survey undertaken by Suncorp, reported that of Australia’s 84,000 divorces, 86% failed to include the parties’ superannuation interests in the division of assets. Given the statistics regarding women already suffering from a … Read More
On 21 July 2012, 21 year old Ben Catanzariti was killed in a workplace accident on a construction site in Kingston. One year on, Ben’s parents have remembered his death with a memorial and by launching a campaign to raise … Read More
Since 2009, the Family Law Act has applied to property disputes between de facto couples including same-sex de facto couples. This has led to a raft of enquiries to family lawyers from clients who are in, or contemplating entering into, … Read More
Too often we see the headlines Estate Planning DIY Disaster. Its most recent appearance graced the pages of the Self-Managed Super Fund Advisor on July 9. It read “DIY Estate Planning disasters increasing”. Unfortunately, it is true. Many people do … Read More
Prime Minister Kevin Rudd recently announced his support for same-sex marriage in Australia. But what difference will change to Australian law, allowing same-sex marriage, make? Legally, it will make very little difference. Symbolically, on the other hand, it will make … Read More
Have you been served with an interim Domestic Violence Order? You may be feeling confused or upset. Perhaps overwhelmed by or frustrated at being prevented from doing certain things. It’s ok because you have options but there is a process … Read More
It can be an overwhelming experience when you decide to confront the domestic violence in your life, and it is with this in mind that this article is written; to provide you with an outline of the process involved. If … Read More
With confronting photographs splashed across the media, continuing news headlines and persistent tabloid covers, celebrity chef Nigella Lawson has unwittingly become the public face of domestic violence. Images depicting Lawson’s husband, advertising bigwig Charles Saatchi, with his hands around Lawson’s … Read More
Interviews by Family Court Judges are not common and understandably, due to the nature of the job and in no small part. They work in a field where public policy and legislation exist specifically to protect the identification of those … Read More
Writing a will is vital, and in response to David Wilson’s June article in the Canberra Times, I’ll have to agree with him there. But that’s it. There’s value in seeking professional help when it comes to drafting your Will … Read More