Often a contested issue for separated parties is whether their child’s surname should be changed following the breakdown of a relationship. The recent case of Teke & Cegair [2019] FamCA 114 considered the issue of changing a child’s name in circumstances where the father had been absent from...
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Supporting Parents and Children Engaged in Family Law: A Guide for Practitioners
Involvement in family law proceedings can be a very stressful time for both parents and children. As the family structure takes on a new form, there can be significant conflict within families which in turn take a toll on a person’s mental health and wellbeing. Psychologists and counsellors theref...
Read moreCan legal fees be added back into the asset pool?
In lengthy litigious proceedings parties can accumulate large legal fees. The question is can these legal fees form party of the asset pool in a property settlement? In the recent decision of Trevi & Trevi the Full Court allowed the appellant husband to add back to the asset pool the wife’s le...
Read moreSubstitution of Parties to Recover Taxation Debts
It is not uncommon for a party to have a taxation liability but no means to meet it, especially when the income arises through a distribution from a Family Trust. In these situations, the party may be reliant on their higher earning partner to meet their liabilities. The recent Full Court of the Fam...
Read moreElderly couples and family law
An issue facing many elderly couples is when they become involuntarily separated from each other because of their declining physical or mental health. This is most common when one spouse is moved to a nursing or aged care facility and out of the marital home. It is useful for family members of eld...
Read moreFamily Reports in Parenting Matters
When parenting matters are in dispute in Court proceedings an Order will often be made for the parties and children to attend upon an experienced psychologist, psychiatrist or social worker for the purpose of obtaining a family report. The purpose of a family report is to provide an independent asse...
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 moreSeparate 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 [&...
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