News

Expense of subpoenas reimbursed

9-May-2012 Family Law By Simone Green

In Lavell the wife issued a subpoena to produce documents to the husband’s accountancy firm. The wife paid $43 by way of conduct money. The husband’s accountant sought reimbursement of $4000 for “substantial loss and expense” incurred as a...

Be Careful When Structuring Discretionary Trusts

8-May-2012 Family Law By Mark Streeter

A judgment of the Full Family Court (Harris & Harris [2011] FamCAFC 245) delivered 22 December 2011 illustrates the treatment of discretionary trusts in Family Law. The judgment of the Appeal was from a single Judge who had assessed the net value...

Is there ever a good divorce?

29-April-2012 Family Law By Simone Green

    New research by Paul Amato, a professor of sociology at Pennsylvania State University, suggests that a “good divorce” is no better than an unhappy marriage!  When a range of wellbeing measures were examined the children of parents with...

Is living in a nursing home legally separation?

Family Law By Simone Green

    In short, the answer is "yes". But a recent decision of the Family Court has raised issues regarding how ageing couples may be affected by property settlements should they be physically separated due to declining health. Mr Stanford...

Wife gets 100 per cent of asset pool by application of Family Law principles

Family Law By Simone Green

We are often asked the question what percentage will I get of the matrimonial property after separation?  A decision of the Family Court enabled a wife to receive 100 per cent of the matrimonial asset pool because she chose to follow four crucial steps...

Share float complicates Binding Financial Agreement

24-November-2011 Family Law By Simone Green

    The case of Nyles & Nyles highlights the importance of giving full and frank financial disclosure at the time that terms of settlement are being entered into of any circumstance which may impact the future value of an asset even if...

Prenup included $2 million engagement ring

9-November-2011 Family Law By Simone Green

The public breakup of two high profile celebrities in 2011 highlighted how valuable assets can be specifically included in Prenuptial Agreements. "Kim can keep her ring” so  says Kris, but only if she pays him a handsome US$2 million!  As the...