The latest Doyle’s Guide to the Australian Legal Profession for Family Law in the ACT was recently released. We are proud to have again been recognised as a first tier law firm in the category of Leading Family and Divorce … Read More
Times are uncertain. Active cases of Covid-19 in Australia are growing, and lockdowns are being extended. These extra pressures can make parenting harder than it usually is, particularly when you are co-parenting with an ex-partner. Below are some frequently asked … Read More
The latest Doyle’s Guide to the Australian Legal Profession for Wills, Estates & Succession Planning was released in early September 2021. DDCS Lawyers have again been recognised as Leading Lawyers in the 2021 Doyle’s Guide Awards for Wills, Estates & … Read More
The latest Doyle’s Guide to the Australian Legal Profession for Wills, Estates and Succession Planning was released in August 2020. DDCS Lawyers has again been recognised as a Leading Firm in the 2020 Doyle’s Guide Awards for Wills and Estates … Read More
The latest Doyle’s Guide to the Australian Legal Profession for Family Law was released in June 2020. DDCS Lawyers has again been recognised as a Leading Firm in the 2020 Doyle’s Guide Awards for Family Law in ACT. Doyle’s Guide … Read More
For our wills and estates team, receiving eight Doyle’s Guide Awards is a wonderful reward, mostly because the awards are voted on by members of the legal profession and external professionals such as accountants and financial planners who see the … Read More
Many grandparents play an integral role in the lives of their grandchildren, spending time with them and developing a unique relationship. But in the case of separation or family breakdown, this relationship can be affected. This might happen where the … Read More
By Theresa Dowling Those in the Australian agribusiness sector know that the rewards of life in primary production are many and varied. A family farming business can deliver exceptional gains including financial growth and success, autonomy, an enviable lifestyle, and, … Read More
A will is a legal document that is intended to clearly set out a person’s wishes after they die. Among other things, a will may determine how your assets will be divided, appoint executors to administer your estate, name a … Read More
DDCS Lawyers are delighted to be recognised once again as a top tier family law firm for the ACT in the 2019 edition of Doyle’s Guide. Doyle’s Guide is an independent organisation that provides ratings based on interviews with lawyers … Read More
By Sage Leslie One of the ways that separated parents may seek to determine the care of their children is through Parenting Orders. Parenting Orders are made by the Court, either by consent or after a contested hearing, and are … Read More
The decision to separate is never an easy one. Whether separation has been discussed previously or the announcement has come out of the blue, there are a lot of emotions involved. Along with dealing with the emotional turmoil, the actual … Read More
The High Court has found that a man who donated his sperm to a lesbian friend is the father of the child. The matter highlights the myriad factors – other than biology – that determine if someone is a parent. … Read More
The decision to separate from your partner isn’t easy. It’s likely you have to deal with emotional upheaval and the loss of the relationship. At the same time, there are also lots of matters to consider as you navigate the … Read More
Family violence remains one of the most significant issues facing women and children in Australia especially in terms of the impact on their separation and their future going forward. Family violence has a direct impact on a party’s ability to … Read More
If you have faced the task of dealing with a loved one’s estate, then you may have been asked by a bank or other third party to provide either a Grant of Probate or Letters of Administration. One of the … Read More
By Theresa Dowling The impact of losing a loved family member cannot be overstated. The immediate shock and grief can be compounded if you find you’ve received less than expected when it comes to their Will. There are many reasons … Read More
By Di Simpson Historically, the idea of ‘who is a parent’ for the purposes of family law has been rather straightforward. But artificial insemination, surrogacy, donor conception, DNA testing and evolving concepts of ‘family’ have made the question of parentage increasingly … Read More
When it comes to romance, you probably think of sunset walks along the beach, candlelit dinners, and receiving a big bunch of roses just because. You probably wouldn’t add a financial agreement to that list. But prenuptial agreements can actually … Read More
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
For people in same sex relationships, pondering the possibilities of parenthood, there are a number of options available to them in their quest to have a child. None of them is necessarily straightforward or without some legal risk and or … Read More
Confused about requirements for getting divorced? Dobinson Davey Clifford Simpson, one of Canberra’s largest and most experienced family law firms, answers questions about divorce.
The Attorney-General recently released three Reports on family law. The “Family Courts Violence Review” makes recommendations for changes to the Family Law Act, while the other Reports agree that the family law system needs to respond more effectively to allegations … Read More
For many people, updating their Facebook page, sending a tweet or keeping their blogs fresh are easy ways to stay in touch and keep others informed. In the context of a Family Law matter however, extra care should be exercised.
When last did you review your will, insurance or superannuation fund? The reality is many do not think twice about these important issues after a separation or divorce. Dobinson Davey Clifford Simpson recommends you do so, especially if you no … Read More
Court proceedings can be lengthy. While waiting for the final outcome, money and property may be tied up when you need it most. What can be done? It is possible to apply to the Court during property settlement proceedings for … Read More
Usually the parties to family law proceedings are a husband and a wife, or former de facto partners, or the parents of a child or children. Spouses and parents are inevitably enmeshed in other family relationships and commercial arrangements which … Read More
Common questions about wills after a separation. Should I review my will when we separate? Yes, you should consider making a new will as soon as possible after you separate to ensure your estate passes in accordance with your wishes. … Read More
Common questions about civil partnerships. What is a civil partnership? A civil partnership is a domestic relationship between two adults regardless of their sex. You cannot be married or related to the person with whom you share a civil partnership.
Common questions about getting divorced. When can I apply for a divorce? Once you and your spouse have been separated for at least 12 months.