Tag: Case Study

Case study: Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) Family Law orders frequently involve a cash payment from one party to the other when a jointly owned property is to be retained by one person as part of a property adjustment....

Section 90K(1) of The Family Law Act 1975 (“The Act”) provides for a number of grounds upon which the Family Court of Australia can set aside (alter or remove) a Financial Agreement, including the power to set aside an agreement that is “void,...

At Streeterlaw, we are often asked ‘at what age can a child decide where they want to live?’ Unfortunately, there is no simple answer to that question. When there is a dispute about where or with whom a child will primarily live, the child’s wishes...

De Facto Relationship Meaning Couples who decide to move in together and share in one another’s lives need to understand the potential legal ramifications of such a decision. The relationship could now be defined as “de facto" and as such, may incur...

The issue of estate planning and Family Law are closely connected and it is imperative that people receive advice regarding their rights and obligations to their spouses before writing out their will (entering into succession planning arrangements)....

Couples who separate need to understand the importance of properly documenting their property settlement. This can be done with a consent order or Financial Agreement. It is essential that separated parties carefully note the following ‘critical...

In an era where smartphones and posting on social media have became commonplace, the risk of intimidation or a breach of privacy through the posting of inappropriate or embarrassing digital content has escalated. “Revenge porn” is one emerging...

A recent Supreme Court of NSW case has found that internal fraud litigation proceedings within an Australian company must be heard in an Australian court, even though the parent company is from New Zealand. The decision is now one of only two recent...

When a couple separates, the financial resources that used to be available for the benefit of both parties now need to be stretched to provide for separate living expenses. The issue of spousal maintenance comes into play when one party is in a weaker...

When Mr and Mrs Eufrosin went to court to have the division of their assets finalised, the judge did not look favourably upon the husband’s claim to a portion of his wife’s $6 million in lottery winnings. Facts of Eufrosin and Eufrosin [2014]...