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 complied 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…
Common issues with Self-Managed Superannuation Funds (SMSFs) in Family Law
According to the ATO, over a million Aussies (and climbing) are members of a Self-Managed Super Fund (SMSF) as opposed to a defined benefit scheme or more typical accumulation fund.…
Federal government announces changes to the Family Law Court System
In May this year, the federal government announced plans to introduce legislation into parliament amalgamating the Family Court and the Federal Circuit Court into a newly formed single court. What…
Explainer: Review of the Guardianship Act 1987 (NSW)
An important report by the NSW Law Reform Commission that is relevant to many older people and people with a disability and their families in NSW was tabled in the…
Catherine Henry Lawyers Recognised as a Champion of Diversity
Catherine Henry Lawyers has been recognised for its commitment to, and achievements in, fostering diversity in the workplace. The firm has been named a finalist in the 2018 Hunter Diversity…
A Guide to Family Law Mediation
Mediation is a great method of resolving a dispute in both parenting and property matters in family law. Two of the biggest advantages of family law mediation are the time…
Can I stop my ex taking our children overseas?
We were recently contacted by a person seeking advice because he was concerned that his ex was going to take his children overseas without his consent. Where do you stand…
I have a pre-nuptial financial agreement, my ex won’t be able to touch my assets… right?
The High Court of Australia has warned people who have a pre or post nuptial financial agreement in place (or are considering entering into one) not to assume that because…
I’m retired and I receive a defined benefit pension. How will it be treated in my property settlement?
You may be lucky enough to receive a superannuation pension payment because you belong to a defined benefit superannuation scheme, such as the State Superannuation Scheme, State Authorities Superannuation Scheme,…
If in doubt about child support, get a paternity test!
The Court has the power to order that the payee (person receiving child support) repay child support where it is proven that the payer (person paying child support) is not…
I have a Binding Child Support Agreement which is no longer suitable, what do I do?
A Binding Child Support Agreement (BCSA) sets out the agreement between parents as to child support. It is an alternative to having a regular assessment undertaken by the Child Support…
Important change to the foreign resident capital gains withholding tax and the family law implications
Almost precisely 12 months ago, I wrote an article on the then new foreign resident capital gains withholding tax ("FRCGWT"). One of the impacts of the FRCGWT was that, when…
A review into the family law system
In this year's budget, it was announced that the Family Law Act is to undergo major review. The investigations into possible reforms were due to commence on 1 October. Over…
Do de facto couples really have the same rights as married couples?
The same sex marriage vote has sparked a lot of conversation regarding the rights of de facto couples compared to couples who are married. Former Prime Minister Tony Abbott, in…
