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ATO can access Family Law documents

9-August-2013 Family Law By Mark Streeter

It may be surprising to discover that the Australian Taxation Office has access to financial information disclosed in Family Court proceedings. But whether or not the ATO is permitted to use the information they discover from Family Court proceedings is...

Secretive affair of 17 years fails de facto test

7-August-2013 Family Law By Simone Green

Since 2009, de facto relationships have been included and defined in the Family Law Act 1975. Previously, when de facto couples had a legal dispute, it was handled by State law. The 2009 amendments provided for the family courts to have jurisdiction over...

Checklist for a property buyer’s final inspection

31-July-2013 Family Law,Property By Mark Streeter

If you have ever purchased a property, you would have faced that nervous day three days prior to settlement, where you were invited to inspect the property. But what is it that you looked for when you did your inspection? And did you have any regrets...

Dealing with the death of a loved one

7-July-2013 Estates By Mark Streeter

When someone you care about dies, the circumstances of their death and the ensuing funeral arrangements can be too much to bear for some. And while this is a somewhat unsavoury topic, it is something everyone should know a little about, so that when...

Illegally taped conversation can be used in evidence

28-June-2013 Commercial Disputes By Mark Streeter

As most people may be aware, taped conversations are generally not permitted into evidence if the person was not aware that they were being recorded. However, a recent case has shown that taped conversations, where the person has given permission to be...

Solicitor who had acted for both parties showed no conflict of interest

Family Law By Simone Green

    The Family Court can legally restrain a solicitor from acting for a client on the basis of a conflict. In a recent property proceedings case, (House & Altimas [2012] FamCA 625, 3 August 2012), the applicant husband applied for an order...

Valuing property leans towards highest value approach

27-June-2013 Family Law By Simone Green

In many property cases, a business’s plant and equipment may need to be valued. But which valuation method should be used – an ad hoc sale approach or market value? Such a situation arose in a recent case (Martin & Crawley [2012] FamCA 1032 on...