Australia's pre-eminent specialist family law firm
06 December 2016
When Interests Collide
The Department of Foreign Affairs and Trade tells us that at any one time there are about one million Australians living and working overseas. In 2014/15 overseas students, and business visa entrants to Australia, totalled just under 400,000. Where there are people, there is conflict. Where there is conflict, there is litigation. Family law is no exception.
08 November 2016
Doghouse or Outhouse
Two recent cases show two different aspects of the court's power to grant injunctions. An injunction is, usually, an order that somebody not do what they are otherwise entitled to do. It can also be an order that somebody do something they are not otherwise obliged to do.
17 October 2016
How to Eat Your Cake and Have It Too
Family Court cases sometimes take unusual forms and have unusual outcomes. One of the problems that judges must deal with is where one of the parties, post separation, deals with cash or other property in a way so as to make it disappear. For example by going on a spending spree.
12 September 2016
Who Judges the Judges
In rugby league, if the referee makes a call, it can be reviewed by what they call the bunker. In rugby, it is the third match official or TMO. In cricket they have the third umpire. But who judges Judges?
28 June 2016
Court in the Act
I wrote recently about two English decisions where husbands had misled their wives and the court, and the dramatic effect that this had on the court orders that were procured by the misleading information.
17 June 2016
Guess Who's Coming to Dinner
It seems obvious to say that if you want a divorce you must first prove that you have been married. For most couples this is easy. There is a marriage certificate.
20 May 2016
Money Laundering vs Coming Clean
Here is some news that is not going to come as a shock. Not everybody involved in disputes after relationship breakdown is honest in disclosing their financial positions.
22 April 2016
Financial Agreements and Violence
In a previous article on this site I wrote that it was perhaps time for the court to reconsider the way it looked at the financial consequences of family violence on marriage break up.
14 March 2016
In December last year a case called Welch and Abney (No 2) was decided. The "(No2)" does not mean that this is the second set of people with the same name who have been in the Family Court.
04 March 2016
Never Mind the Width Feel the (E)quality
Last year the Family Court decided a case of Trask & Westlake. The interesting feature in this case is something that, we think, will become more frequent: the long period of time between the separation and the time the case came to trial.
01 March 2016
You Can't Take it With You
Last year the High Court of Justice in England decided a case called WA v Executors of the Estate of HA and others.
18 February 2016
The Unmade Marriage
The stories told in some cases can invite a reader to take them lightly...until you realise that these are the stories of real people, and real suffering.
16 February 2016
Why Can't We Just Agree?
In December last year a judge of the Family Court dismissed an application before him in five short sentences. That is unusual in itself. My discussion of it will not be quite as brief.
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