Tag: Case Study

The violent history of a husband towards his ex-wife can be relevant in deciding the value of the wife’s contributions in property proceedings cases. While evidence of violence in a relationship does not always influence the outcome of these cases,...

A recent case in the Family Court of Australia has determined the need for a de facto couple to clearly communicate with one another when their relationship ends. Cadman & Hallett [2014] FamCAFC 142 (11 August 2014) involved a gay couple who...

While there is no legal requirement to finalise a property settlement with your former partner or spouse immediately upon the breakdown of that relationship, there are many benefits in not waiting too long to do so. Divorcing couples must finalise a...

A case involving a farmer and his daughter and son-in-law (Milling v Hardie [26 May 2014] NSWCA 163) is a reminder of the need to put property living arrangements, even between family members, in writing. Mr Milling is a farmer who lives in one of...

In December 2013, the High Court confirmed that a liquidator of a corporate landlord may disclaim a lease that the company had granted to a tenant, leaving the tenant to prove they have suffered loss in the winding up. Broadly speaking, it is common...

A Guardianship case in the Supreme Court last October found that a financial manager could be replaced for reasons other than incompetence or impropriety if it was in the best interests of the protected person. In M v M [2013] 1495, the Supreme Court...

In Kane v Kane, the Family Court ignored the often-used “special contribution” principal in property settlements. This meant that the husband’s decision to invest the couple's superannuation in a certain way, which led to considerable gains, was...

‘Relocation’ of children following a separation is a very hot and controversial issue for many parents and a common theme of applications to the Family Court. One parent may seek to move away for various reasons including financial hardship, to be...

Sometimes, parties to a divorce appeal the division of assets decided by a Federal Magistrate. In this case (Bishop & Bishop 2013 FamCAFC 138) heard on 6 September 2013, the division of assets had been decided after a 23-year marriage. The...

A recent case in the Family Court of Western Australia saw the primary care of three children aged 13, 12 and 11 awarded to the father’s ex-de facto partner rather than the children’s mother. This unusual outcome demonstrates that the child’s...