Assets of a discretionary trust | A case study
In 2011 there was the case of Harris v Harris. The trial Judge found that the net value of the parties' assets was $4,269,180. This included the net assets of…
Discretionary trusts and property settlements
What happens in a family law property settlement when property is held in a discretionary trust? It’s important to start with the basics. Section 79(1) of the Family Law Act…
Parenting arrangements after separation
In October 2019 the Australian Institute of Family Studies (AIFS) released a report with statistics on parenting arrangements after separation. We’ve compiled some of the more interesting statistics below. The…
The future of family law
There has been increased discussion in the media recently about the future of family law. You might recall our article from earlier this year which discussed some of the main…
Free guide to family law system launched as national inquiry starts
As a joint parliamentary committee starts work to examine Australia’s family law system, a Newcastle and Hunter law firm has launched a new, free, e-resource to help people better navigate…
How superannuation is dealt with in a property settlement
Superannuation is often one of the biggest assets that a person has. Upon the breakdown of a marriage or partnership, an important consideration is how superannuation is dealt with in…
Supportive parenting through separation
Parenting through separation can be stressful for both you and your children. As family lawyers, we see how damaging a separation can be on a child. This month, I attended…
Self-managed super funds and property settlements
Self-Managed Super Funds (SMSFs) are on the rise! Both in numbers and in value of assets held. We make the following general points regarding self-managed super funds and property settlements.…
Separation and super splitting | A case study
Upon the breakdown of a marriage or partnership, couples come to an agreement about how their superannuation will be split. Separation and super splitting give regard to various contributions and…
5 reasons why you need an accountant in a property settlement
A family law property settlement is a major life event that often requires the services of an independent accountant. Here are 5 reasons why you might need an accountant in…
Why you need both legal and financial advice during a property settlement
A family law separation is one of the most significant financial events of your life. Often you will need legal and financial advice for your property settlement. For example, you…
Six things to take to your appointment with a mortgage broker
If you’ve reached a family law property settlement and you are going to be refinancing a property into your sole name, or you need to obtain finance to make a…
Why is estate planning important in family law?
Every family law situation is unique, so it’s important to ensure your estate planning arrangements have considered your current marital or relationship status and your future wishes. Consider this scenario……
Sperm donor considered legal parent
Yesterday, the High Court handed down a judgement that a sperm donor from Newcastle NSW, known as *Robert, is a legal parent of a girl conceived from his genetic material.…
Parenting Matters FAQs
Here at Catherine Henry Lawyers, our experienced family law team are often asked a variety of questions related to parenting matters. In this blog post, we've compiled a few of…
The child’s best interests are of paramount consideration
If you are involved in, or you know someone involved in, a parenting dispute before the family law courts you might have heard the statement 'the child’s best interests are…
Family Law for the future – Final Report released with 60 recommendations for the improvement of the family law system
Following on from the Senate’s recent rejection of the proposed amalgamation of the Family Court of Australia and Federal Circuit Court of Australia, the highly anticipated Final Report of the…
High Court of Australia to hear case on the rights of a sperm donor as a legal parent to a child
The High Court of Australia will begin hearing a case on Tuesday 16 April 2019 regarding whether or not a sperm donor can legally be regarded as a parent. The…
How will the money we’ve set aside for our child’s schooling be looked at in the property settlement?
During your relationship, you might have mutually agreed to pay money into a separate account for your child's schooling expenses. If neither party has accessed the funds in this account…
Five things accountants should know about family law
For solicitors and accountants, 'simple' family law matters are becoming far less common. We’re seeing more and more clients coming to us with complex legal structures such as companies, trusts…
Can I stop a subpoena for my child’s psychology records?
It’s common during court proceedings for parenting arrangements that a child and/or parents' health, psychology, education and criminal records will be subpoenaed by a party. If there is a reasonable…
The ‘Bank of Mum and Dad’ and your Property Settlement
Helping your children buy a home - or borrowing from the 'Bank of Mum and Dad' - what happens if their relationship breaks down? High home prices mean that more…
Buying your first home – steps in conveyancing
Buying your first home is a huge deal. No doubt you have never taken on such a large debt before in your life, and you may be feeling unsure about…
Can I be liable for my ex’s tax debt?
This question was recently considered by the High Court of Australia in the case of Commissioner of Taxation v Tomaras [2018] HCA 62. It was confirmed that yes, the Court…
Can a step-parent still spend time with their step-children after a relationship breakdown?
Section 4 of the Family Law Act 1975 (Cth) defines a step-parent as a person who: Is not a parent of the child; Is, or has been, married to or…
On the 12th day of Christmas… review your Estate Plan
Starting your holidays? You might finally be able to take some downtime to stop and think about your family and future needs (if you can escape from the chaos and…
How an AVO (or ADVO) can affect your existing parenting orders
If you have existing parenting orders in place and there is a subsequent Apprehended Domestic Violence Order (ADVO) or Apprehended Violence Order (AVO) taken out against you, or for your…
Thinking of international travel in the holidays and have parenting orders? Read this first!
International travel with children is an exciting experience for your family. However, before taking the trip, you should be aware of the process when there are parenting orders in place…
Federal Government one step closer to merging family law courts
The Federal Government’s proposal to merge the Family Law and Federal Circuit Courts into a newly named Federal Circuit and Family Court of Australia (FCFCA) in April next year has…
Delays in the family courts. Is arbitration the answer?
It has been possible to resolve family law property disputes through arbitration for more than 25 years, but Family Law Rules on arbitration introduced in April 2016 has seen the…
