Increasingly some separated parents are adopting a ‘birds nest parenting’ approach following separation whereby their children remain in the family home and the parents take turns moving in and out. This arrangement is often a short or interim solution geared towards providing children with stab...
Read moreSeparation and Divorce
Separate finances means no property division for de facto couple
Where a de facto couple kept their finances separate for 27 years In the recent decision of Chancellor & McCoy [2016] FCCA 53 the Court found that it was not just and equitable to make an order altering property interests for a de facto couple that had been in a relationship for 27 years. The [&...
Read moreSlocomb & Hedgewood [2015] FamCAFC 219- Applying for a property settlement 18 years out of time
Slocomb and Hedgewood is a full court appeal against a decision in the Federal Circuit Court to dismiss the wife’s application for leave pursuant to s 44(3) of the Family Law Act to apply for a property settlement 18 years out of time. When the parties separated, the husband retained the former ma...
Read moreTreatment of Compensation Claims in Family Law Property Proceedings
When a party to a relationship receives a large personal injury compensation payment it can have a significant impact on potential property proceedings. In the case of Aleksovski v Aleksovski [1996] FamCA, the Full Court of the Family Court was required to consider how a personal injury compensation...
Read moreRelevance of Special Needs Children to Property Settlement: Daymond v Daymond [2014] FamCAFC 212
This case involved an appeal by the husband against a property settlement order in a case where the parties had two children, one of whom had Asperger’s Syndrome. The trial judge determined that the wife’s contributions as homemaker and parent significantly exceeded those of the husband, and tha...
Read moreUnacceptable Risk to a Child
The issue of unacceptable risk to a child spending time with a parent was dealt with extensively in the case of Theophane & Hunt [2014] FamCA 1038. This case therefore provides a useful guide to the approach likely to be taken by the courts when such issues arise. The parties met in December 200...
Read morePost-separation contributions: Trask & Westlake
In the recent decision of Trask & Westlake, the Full Court of the Family Court considered the parties’ respective contributions where the husband had accrued significant assets following separation. The parties had four children and had taken up traditional breadwinner and homemaker roles. Fou...
Read moreSpousal Maintenance: Raine & Creed [2015] FamCAFC 133
This case involved an application by the wife for the payment of spousal maintenance by the husband. Prior to the breakdown of the relationship the husband obtained income protection insurance. The husband suffered from alcoholism for the duration of the relationship and towards the end of the relat...
Read moreThe Treatment of HECS Debts in Family Law Matters
The Court will treat a HECS debt of a party in either one of two ways: The debt may be considered a personal liability and then would not included in the property settlement; or The debt is considered a joint liability and will be included in the property settlement. The Court will consider the surr...
Read moreSeparation Under One Roof
Recent reports in both Australia and North America reveal that an increasing number of married couples who have separated are remaining living under the same roof following their separation. The majority of couples that maintain this arrangement do so for financial reasons. In Australia, the number ...
Read more
“It is imperative that we do not create a narrative where domestic violence is seen as "mutual combat" or "relation… twitter.com/i/web/status/1…
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…