Archives

Husband excluded from wife’s lottery windfall

19-February-2015 Family Law By admin

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...

How to ensure you retain a quality of life when your health declines

Guardianship By Mark Streeter

BOOK REVIEW The book, Being Mortal – illness, medicine and what matters in the end,  has some insightful answers to planning for the best possible outcome when your health declines. Written by Professor Atul Gawande, an American surgeon,...

Court can adjust property allocations in favour of victims of family violence

18-February-2015 Family Law By admin

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...

How can victims of family violence avoid confrontation in court proceedings?

Family Law By Simone Green

Going to court can be a very intimidating experience for all involved but particularly in Family Law proceedings where there is a history of family violence. The perceived imbalance of power between parties due to either past or present domestic violence...

Strata cases no longer need legal representation in NCAT

2-February-2015 Property By Evatt Styles

On 1 January 2014, the Consumer, Trader and Tenancy Tribunal (CTTT) amalgamated with around 22 tribunals to form the often described “super” tribunal called the NSW Civil and Administrative Tribunal (NCAT). NCAT deals with a broad range of...

How do you remove an incompetent Executor?

15-December-2014 Guardianship,Contested Wills By admin

Beneficiaries of wills and estates, where probate already has been ordered, are sometimes faced with a conundrum of how to deal with an Executor who is not doing the job properly. In such circumstances it may be possible for the beneficiaries (as...

Definition of ‘living together’ can also include couples mostly living apart!

6-December-2014 Family Law By Simone Green

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...