Binding Financial Agreements under duress in the High Court

By Alex Wynn • In Dispute Resolution, Family Law, LitigationComments Off on Binding Financial Agreements under duress in the High Court

In early August this year the High Court of Australia is to hear an important case about the validity of property settlement agreements in Family Law. These agreements are referred to by lawyers as ‘Binding Financial Agreements’. They include ‘pre-nups’ which are made at the beginning of a relationship. Made

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Considering a Child Maintenance Trust?

By Margaret Miller • In Family LawComments Off on Considering a Child Maintenance Trust?

Following the breakdown of a relationship, parents discussing child support can consider an arrangement to make child support money go further by establishing a Child Maintenance Trust. In most family trusts, minor children who are beneficiaries are taxed at 47% for every dollar over $416 per annum.  This does not

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Some legal considerations when moving in together

By Margaret Miller • In Estate Planning, Family Law, WillsComments Off on Some legal considerations when moving in together

Some legal considerations when moving in together Becoming part of a couple and moving in together can trigger unexpected legal and financial consequences. Generally, financial motivation is not the reason most couples move in together but, if you are considering coupledom, it makes sense to consider any financial traps and

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When you have problems getting a child’s passport issued

By Margaret Miller • In Family LawComments Off on When you have problems getting a child’s passport issued

Usually when you are planning a trip overseas with your children, there is no problem in having both parents sign a child’s passport application.  But what happens when you are divorced and the other parent refuses to cooperate?  Or if the other parent has not seen the child for many

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Property adjustment orders are not always made after long relationships end

By Margaret Miller • In Family LawComments Off on Property adjustment orders are not always made after long relationships end

In the recent decision of Chancellor & McCoy [2016] FCCA 53, Judge Turner of the Federal Circuit Court found that it was not just and equitable to make an order altering property interests for a de facto couple that had been in a relationship for 27 years. Throughout this relationship the parties,

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Domestic violence in the workplace – where the parties to an order work together

By Margaret Miller • In Employment Law, Family LawComments Off on Domestic violence in the workplace – where the parties to an order work together

Domestic violence is an issue receiving increasing publicity and attention. A recent case in the Fair Work Commission (FWC) illustrates that acting to the detriment of domestic violence victims will result in employers being dealt with before the tribunal. A company director dismissed a woman whose partner worked in the

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Proposed Divorce Fee Increase on the Rocks

By Danny Bycroft • In Family LawComments Off on Proposed Divorce Fee Increase on the Rocks

The decision of the United States Supreme Court to allow same sex couples the constitutional right to marry has continued to be a talking point in Australia this week. At the other end of the spectrum, however, according to the Australian Institute of Family Studies, about 40% of marriages on

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Change to Child Support Appeals process from 1 July 2015

By Margaret Miller • In Family LawComments Off on Change to Child Support Appeals process from 1 July 2015

The Tribunals Amalgamation Act 2015 (Cth) will come into effect on 1 July 2015. From this date the Social Security Appeals Tribunal (SSAT) and the Migration Review Tribunal–Refugee Review Tribunal (MRT–RRT) will be merged into the Administrative Appeals Tribunal (AAT). The President of the enhanced AAT will be Justice Duncan

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Setting aside a pre-nuptial agreement – duress and unequal bargaining power

By Margaret Miller • In Family LawComments Off on Setting aside a pre-nuptial agreement – duress and unequal bargaining power

In the recent case of Thorne & Kennedy, the 36 year old wife claimed she had been forced to sign a pre-nuptial agreement, and a later agreement confirming the terms of the first agreement, by her very wealthy 67 year old husband. He threatened to call off the wedding if

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BIG MONEY CASE – EQUAL DIVISION FOR WIFE – NO SURPRISES HERE!

By Margaret Miller • In Family LawComments Off on BIG MONEY CASE – EQUAL DIVISION FOR WIFE – NO SURPRISES HERE!

Smith v Field was heralded previously as a case where the family court acknowledged that a party could make a “special contribution” which entitled them to a larger slice of the matrimonial assets. At first instance in this case, the court made a distribution of 60%/40% in the husband’s favour.

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