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…
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…
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…
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…
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…
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…
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.…
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…
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 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…
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…
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…
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,…
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…
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…
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…
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…
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…
Firstly, well done! It can often be a difficult and drawn out process to agree on parenting arrangements for children. While you don’t have to, we recommend that the next…
In my view, if you go through a separation, it is best to have a property settlement as soon as possible and get on with your life. I find that…
I am often asked "How long will my property settlement take?" It is a difficult question to answer. In a typical family law property settlement, the matter usually proceeds as…
Sometimes after separation one party wants to relocate with the children. How should you go about this and what impact does the wishes of the children have? The recent case…
The recent case of Blackwell & Scott highlights the need to promptly comply with property settlement orders. The simplified facts are: On 24 February 2014 orders were made for property…
Here are just a few of our do’s and don'ts for recently separated clients: DO Consider relationship counselling Family lawyers are not here to advocate for divorce, or separation. We…
The Australian Securities and Investments Commission (ASIC) has recently added two online family law resources to its MoneySmart website. One resource is the Divorce and Separation financial checklist. It lists…
Why family law settlements in Australia must factor in the new foreign resident capital gains withholding tax This is a new and complicated area of law that will affect a…
What does ICL stand for? Independent Children’s Lawyer. Who are they? An ICL is a lawyer appointed by the Court to represent your child’s interests in your family law matter.…
Applying for a divorce has become a whole lot simpler with the Family Court of Australia and Federal Circuit Court of Australia’s eDivorce strategy. eDivorce is a completely electronic process…
Solicitors are bound by conduct rules which govern the way we practice law. One of those rules is the obligation to maintain a client’s confidentiality. A solicitor must not disclose…
A contravention is where you intentionally fail to comply with a Court Order or make no reasonable attempt to comply with a Court Order. There is scope for you to…