Tag: article

The 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...

Why 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...

Recovering 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”...

Parenting 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...

There are times when Unsupervised Child Visitation will be denied. An issue often raised in disputed children’s cases is whether or not there is an “unacceptable risk of abuse” to the child if time the child spends with one of the parents is not...

    High 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...

Don'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?...

Attempt to reduce family business profit backfires Fraud may occur in any jurisdiction and unfortunately the area of Family Law is no exception. The situation A family company was controlled by one party in a marriage separation. The company...

Shared property gambled away may need to be repaid An issue may arise as to one person’s conduct either during the marriage or after separation when they dispose of matrimonial property. The Family Court is a Court of Equity, that is, they will not...

Domestic family violence is a crime. What should you do and what you should take when separating? Separation can occur by agreement or can occur as a consequence of one party arbitrarily denying the other party access to the primary residence. The law...