So you are going to a Mediation…What happens in a mediation?

with No Comments

In most family law and estate litigation disputes, the parties are required to attend mediation to attempt to resolve their dispute. This article describes what is involved and addresses the most commonly asked questions about mediation. What is mediation? Mediation … Read More

When superannuation doesn’t end up with the people it was intended for: blended families & government super conditions

with No Comments

Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More

Separating and need to plan care arrangements for your children?

with No Comments

For most separating parents their primary concerns include their children’s wellbeing and fear about the legal process. Consequently, the first few questions I am usually asked are these: “How do I tell the kids we’re separating?” “I don’t want to … Read More

“We do”

with No Comments

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

A different use for BFAs?

with No Comments

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

Am I separated?

with No Comments

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

Will Family Law change under a Coalition Government?

with No Comments

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

Formalise financial & property matters, in case you win the lottery

with No Comments

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

Informal Settlements Really Are Risky: Bevan and Bevan 2013

with No Comments

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

Retirement Income: What’s Choice Got To Do With It?

with No Comments

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

Don’t forget to include Superannuation in Divorces and Wills

with No Comments

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

Why Young People Need A Will Too

with No Comments

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

DIY Disaster: Estate Planning and Self Managed Superannuation

with No Comments

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

Don’t forget to register your dog, car…and De Facto relationship?

with No Comments

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

DV-Oh No! Domestic Violence Orders

with No Comments

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

Domestic Violence Orders: The Courage to Change

with No Comments

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

Domestic Violence: A Private Affair

with No Comments

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

Opening the DOORS to Family Law

with No Comments

Chair of the Family Law Council of Australia, Mr Rick O’Brien recently announced a national audit of family violence training to identify best practice. The Law Council’s Family Law Section has undertaken a range of training and practice development initiatives over … Read More

Forever (or never) in the spotlight? Publication and Dissemination of Information

with No Comments

Rupert Murdoch’s power and influence will forever mean that his life and the happenings within his family are always in the media spotlight. Unfortunately for Murdoch, the last several weeks has seen both newspapers and blogs run with the story … Read More

The ‘Do More with Less’ Syndrome and impact on Family Law

with No Comments

In a continuing focus on matters relating to access to justice and the legal system, Attorney-General Mark Dreyfus QC and Assistant Treasurer, David Bradbury, announced on 20 June 2013 that the Productivity Commission would undertake a review of how to … Read More

Make room! I’m moving in…Family Care Arrangements

with No Comments

Moving in with a family member can have many benefits for an elderly person seeking companionship or extra help with daily activities; however, without the proper planning, these arrangements can cause significant heartache for all involved.

Child’s Play: A jab of love, fear & vaccines

with No Comments

Over the last several weeks, a New South Wales’ daily newspaper has pursued a campaign to influence policy change relating to the compulsory immunisation of children attending day care and school facilities. It is known as the No Jab. No … Read More

The "New" Family Lawyer: An Interesting Take on How the Role Has Changed

with No Comments

We often perceive family lawyers as lawyers out to “fight to the death” for their clients, draining their client’s precious funds along the way and leading to ugly battles in Court. But as the Federal Government has focussed its attention … Read More

The Importance of Formalising a Property Settlement

with No Comments

Scenario: You and your former partner have separated. You have agreed how you will split your assets. You don’t think it is worth getting lawyers involved to “legalise” your agreement. Here are three very good reasons why you should.

Dividing Up Assets According to the Family Law Act

with No Comments

There is sometimes confusion about how to divide assets when a marriage or de facto relationship breaks down. Here, we talk about how the Family Law Act deals with dividing assets of separated couples (also called a “property settlement”).

Former Spouse Relations and Parental Responsibility Regarding Schooling

with No Comments

Separated parents will usually share in making long-term decisions for the benefit of their children, such as where they will go to school. Where parents cannot agree or one parent wants to change a child’s school without the other’s consent, … Read More

Superannuation Entitlements as Part of a Property Settlement

with No Comments

Under the Family Law Act, superannuation entitlements of separated spouses can be divided as part of a property settlement—this is called ‘superannuation splitting’. The Court can also divide the entitlements of eligible de facto couples.

New Legislation Puts De Facto Couples on Equal Footing

with No Comments

Amendments have recently been made to the Family Law Act. The new reforms allow de facto couples to access federal family law Courts in relation to property and maintenance matters upon the breakdown of a de facto relationship. Dobinson Davey … Read More