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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Surrogacy arrangements in Queensland

By Margaret Miller • In Family LawComments Off on Surrogacy arrangements in Queensland

A surrogacy arrangement is an arrangement between a birth mother and another person or couple where the birth mother agrees to become pregnant with a child for the intended parents.  After the child’s birth, the birth mother gives up the child permanently to the intended parents. To learn more about the

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Adopting a child in Queensland

By Margaret Miller • In Family LawComments Off on Adopting a child in Queensland

Adoption is a legal process to transfer the legal rights and responsibilities of parenting from a child’s birth parents to new (adoptive) parents. The child’s adoptive parents become the only legal parents of the child. To learn more about the process of adopting a child in Queensland, please follow the link:

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How does the Family Court deal with inheritances?

By Margaret Miller • In Estates, Family LawComments Off on How does the Family Court deal with inheritances?

Many people going through a property settlement believe inheritances will not be part of the asset pool available for distribution between spouses and the question often arises about how the Court will deal with an inheritance in property settlement. The answer is that inheritances are assessed on a case by

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Family Court: Retirement of Justice Bell

By Belllegalwp • In Family Law, NewsComments Off on Family Court: Retirement of Justice Bell

The Family Court recently farewelled Justice Graham Bell who served on the bench for the past 39 years. Justice Bell was appointed to the Family Court on 27 February 1976, shortly after the introduction of the Family Law Act.  The following year, a referendum was passed setting a mandatory retirement

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