RECENT CASE: Teke & Cegair [2019] FamCA 114

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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Can 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...

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Substitution 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...

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Elderly 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...

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Family 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...

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Who 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 ...

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