The High Court of Australia has ruled that a tax debt of one spouse can now become the tax debt of the other spouse during divorce property settlement proceedings. During the marriage the wife accrued a tax debt of $250,000. On separation the wife then applied to the Family Court for Orders that the debt…
The Family Court of Australia’s Application for Consent Orders Kit information pages have been updated as a result of the Civil Law and Justice Legislation Amendment Act 2018. References to the terms ‘husband’ and ‘wife’ have also been amended to ‘party to a marriage’ and/or ‘party to a de-facto relationship’. The Application for Consent Orders…
Freedom to dispose of your property how and to whom you wish upon your death is something Australian Law protects. In the words of Supreme Court Judge, Hallen J. “testamentary disposition is, a prominent feature of the Australian Legal System. Its significance is both practical and symbolic and should not be underestimated.”1 With this freedom,…
From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised. Prior to this ban, a party to proceedings (who at times is often also the perpetrator) has been able to cross examine the other party (who is often the victim) or…
In a world where everything is on-line, social media has become the way that many of us communicate. Whether it is checking in with family or friends or posting something of interest to you, or the all popular ‘looksie here’ post to attract attention to whatever it is you may be doing. In family law…
Time and time again we hear these words. So often we are caught up with our busy lives and the preparation of a Last Will & Testament is pushed to the back burner. You are not alone! It is so important to have a Will in place, particularly when you have little ones and you…
Proceedings have commenced, the Court has ordered the production of 3rd party material, via subpoena…attempts to reconcile ‘may’ have all but passed, or, maybe not… & ‘hatred’ and ‘clouded’ anger have set in for reasons which ring justifiably true to the aggrieved. Material is filed and you are faced with reading a ‘version of your…
The Family Law Rules (2004) stipulate that separating parties must provide the other with full and frank disclosure of their respective financial positions. Including exchanging documents with the other party which confirm the nature and value of each asset or liability held. We often hear the words “but, I don’t want the other party to…
Are all times when families come together. Often when the family comes together, topics which are otherwise shuffled into the ‘all too hard basket’ other times of the year are forced out into the open. An adult son and his newly wed wife may come home from the city and eyeball the question, “have you…
The Family Law Act provides that a legal or de-facto spouse may claim spousal maintenance after separation. If there is a substantial difference in the incomes of the spouses at the date of separation, spousal maintenance can be payable. If a spouse is entitled to spousal maintenance, the spouse with the higher income must provide him…