In the case Official Trustee in Bankruptcy & Galanis and Anor (2017) FLC 93-760, the Full Court dismissed an appeal by the Official Trustee in Bankruptcy (“Official Trustee”) against orders made by the Family Court of Australia. The Official Trustee sought to set aside a financial agreement ...
Read moreFinancial matters, tax and property
The “Tell All” Duty of disclosure in family law property matters
A common concern following the breakdown of a relationship is that one party may be attempting to hide assets available for distribution or their earnings and/ or income. This is often the case where one party has been the primary breadwinner and responsible for the family finances while the other p...
Read moreWho stays? Sole Use and Occupation Order
When people separate, one party often agrees to leave the family home however, this is not always the case. In some circumstances an issue can arise as to who will remain in the family home pending a final resolution of property matters. One option available to parties in this situation is to apply ...
Read moreAlternative Dispute Resolution- Collaboration
At Nicholes Family Lawyers we encourage our clients to make a genuine effort to resolve disputes with their former partner and avoid the need to go to Court. To help them resolve these disputes we recommend clients engage with a range of options, collectively referred to as methods of “Alternative...
Read moreSuperannuation taken as a Pension: Part of the pool or financial resource?
In Russo & Wylie [2016] FamCAFC 227, the Full Court heard an appeal against property orders made by Judge Cole. Judge Cole’s orders divided property between the parties on the basis that the Appellant was to receive 57% of the asset pool, and the Respondent was to receive 43% of the asset pool...
Read moreDuress in Signing Financial Agreements
The issue of what constitutes duress when signing a Binding Financial Agreement was recently considered by the Full Court of the Family Court of Australia in the matter of Kennedy & Thorne [2016] FamCAFC 189. The parties met overseas where the Wife lived and were married in Australia the followi...
Read moreOrders awarding the husband 71% of the assets available upheld on appeal
In The Full Court of the Family Court of Australia decision of Gao & Wang (2016) FLC 93-735 the Court was asked to consider the appeal of a de facto wife against property orders . Previously the trial judge had made orders awarding the husband 71% of the assets available at the time of the [&h...
Read moreChallenging bankruptcy in property settlement proceedings where it had been finalised in the Federal Court of Australia
Sresbodan & Sresbodan and Ors [2016] FamCAFC 88 The Full Court of the Family Court of Australia recently determined an appeal filed by Mr Sresbodan (‘the husband’) against property settlement orders made by Justice Aldridge on 6 July 2015 in the Family Court of Australia. Justice Aldridge’...
Read moreContempt of Court: Full Court of Appeal against severity of a sentence
In August 2015 Mr Faukland made an appeal to the Full Court of the Family Court against the severity of the sentence imposed on him for contempt of Court. On 25 June 2014, An Order had been made in the Federal Circuit Court restraining Mr Faukland by injunction from disposing of a prestige luxury mo...
Read moreNicholes Family Lawyers successful in defending appeal against anti-suit injunction
Nicholes Family Lawyers were recently successful in defending an appeal before the Full Court of the Family Court of Australia in the matter of Cole & Abati [2016]. The appellant husband is an Australian citizen who owns assets in Australia, and New Zealand which are worth approximately $60 mill...
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The Law Council has welcomed the announcement of additional Commonwealth funding for legal representation, so that victi…
We are delighted to hear that the Victorian Gender Equality Bill has passed Parliament. What a monumental step towa… twitter.com/i/web/status/1…