The Child Support Agency can do more than just collect child support

By Margaret Miller • In Family LawComments Off on The Child Support Agency can do more than just collect child support

Spousal maintenance is often an important issue for spouses after separation.  The level of financial support provided by one spouse to the other can affect not only the spouse in need but the children of the relationship. If negotiations fail, it may be necessary to apply to the family court

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Further changes to Domestic Violence laws from May 2017

By Margaret Miller • In Family LawComments Off on Further changes to Domestic Violence laws from May 2017

Greater police protection –police protection notices are expanded to enable police to better protect a victim and their children, relatives and associates. More tailored domestic violence orders –From 30 May 2017, the duration of domestic violence orders (DVOs) is increased to a minimum of five years unless the court is satisfied there are reasons

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Justice Michelle May retires from the Family Court of Australia

By Margaret Miller • In Family Law, Law, NewsComments Off on Justice Michelle May retires from the Family Court of Australia

In July 2017, Justice Michelle May is retiring as a judge of the Family Court of Australia, Appeal Division. Born in England and raised in Brisbane, Justice May attended primary school in Coorparoo and secondary college at St Margaret’s Anglican School. She was awarded a Commonwealth Scholarship to attend the

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Parenting Orders – Does it matter what the children want?

By Alex Wynn • In Family LawComments Off on Parenting Orders – Does it matter what the children want?

In March of this year the High Court of Australia was asked to consider an interesting and rather unusual case concerned with how a court considers the wishes of children when deciding parenting orders. The Family Law Act 1975 (Cth) states that in making parenting orders the court must consider

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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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