Author: Mark Streeter
One night stand impacts child support case
29-November-2010 Family Law By Mark StreeterMan pays child support for six years before DNA reveals he is not the father An expensive child support case shows it is not always worth recovering funds even if they are overpaid or incorrectly paid. The facts of Forsythe & Latimer & Anor...
Independent legal advice required for Prenuptial Agreements
Family Law By Mark StreeterThe situation: prenup not binding A financial, or prenuptial agreement, had been entered into by a couple. The agreement did not expressly state that both parties had received independent legal advice. As it is a requirement of Financial Agreements that...
Independent lawyer to represent child’s best interests
Family Law By Mark StreeterWhy can't children use the same lawyer as their parents? Unfortunately parents often take adversarial and diametrically opposed positions in respect of what is in the “best interests” of children in Family Law parenting cases. As a result...
Implied terms of contract important when recovering debts
Commercial Disputes By Mark StreeterRecovering debts depends on the contract - whether written or verbal In a decision by Justice Barrett on 31 August 2010 in the Supreme Court of New South Wales, the Court gave a helpful re-statement of the law relating to the “normal conditions”...
Husband’s fraud undermines Binding Financial Agreement
Family Law By Mark StreeterNew wife wins case against forceful husband Imagine being pregnant, facing deportation and being given a Binding Financial Agreement by your fiance five days before your wedding and told to sign or the wedding is off. The situation In Blackmore...
High Court overturns Family Court’s child custody decision
Family Law By Mark StreeterParenting order was impractical in interstate custody battle The long term effects of divorce on children can be significant. One of the most contentious issues is child custody. This is especially important when parents wish to live in different...
Full and frank financial disclosure
Family Law By Mark StreeterHanding over financial documents to an ex is hard The need for full and frank disclosure by the courts often makes divorcing couples nervous. A common question is "Why do I have to give all my financial documents up to my ex-partner? I’ve been told...
When is a marriage not a marriage?
Family Law By Mark StreeterA surprise trip to the Philippines reveals a few surprises for a husband. A recent Family Court decision of 11 October 2010 considered the very technical and legal requirements of an legal application to declare a marriage null and void (MONTY &...
When is a contract binding?
Property,Commercial Disputes By Mark StreeterHigh Court asked to rule if a contract existed and was binding Masters versus Cameron [1954] HCA 72 is a classic legal case that is still the leading authority on whether there is a binding contract or not. Even though this law case is...
What to do when a client appoints an Administrator
Commercial Disputes By Mark StreeterDon't panic if your debtor appoints an Administrator Have you ever been ‘surprised’ to receive a letter regarding one of your clients who owe you money advising that an Insolvency Practitioner has been appointed an Administrator of the company?...