Unacceptable 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...

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Post-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...

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The 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...

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Separation 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 ...

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Social Media in Family Law, beware what you post!

Technological advancements over the past few years have resulted in a dramatic increase in social media use. Facebook, Twitter, Skype and Instagram, just to name a few, now all facilitate instant communication between users. Social media has also been a useful tool for separated families when used r...

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