Same sex marriage in Australia has been legal since 9 December 2017 under the Marriage Amendment (Definition and Religious Freedom)Act 2017. The option of marriage for same-sex couples has conferred a number of benefits and rights previously denied to them. Some of those rights include: Less hurdles...
Many clients understand that entering into a de facto relationship can confer certain rights and responsibilities akin to being married. However it is often hard to pinpoint the exact point in time at which a girlfriend or boyfriend becomes a de facto partner for...
In the recent case of Jabour & Jabour [2019] FamCAFC 78, the Full Court of the Family Court of Australia set aside orders made by the Trial Judge who, in assessing contributions awarded the husband 66% of the net non-superannuation property and the wife 34%...
When a relationship ends, the former partners need to come to an arrangement about how to divide the property and how to share the care of the children, going forward. If an agreement cannot be reached then the court will be asked to step in...
When a tenant and landlord of a commercial property are in dispute often the first remedy a landlord will look for in this position is to evict the tenant and get a new tenant in as soon as possible. In a commercial lease, provision for evicting...
Following separation after a marriage or a de facto relationship, both parties to the relationship are entitled to divide the assets of the relationship. This is done by way of a Family Law Property Settlement. In a property settlement all assets owned by both parties...
Many employers are now familiar with the Fair Work Act 2009 (Cth) (the Act). Despite this, recently there has been an increase in applicants bringing claims under the "General Protections" regime contained in Part 3-1 of the Act.Part 3-1 of the Act provides protection of...
Who is a " parent" in a family law matter seems like it should be a simple issue. But with same-sex marriage now legal and artificial conception options becoming more prevalent, the courts have recently had to revisit the definition of a "parent". In Masson v...
When it comes time to writing a will spouses often want to "keep it simple" and make the decision to have identical or mirror wills. These wills often provide for the estate to be gifted to the surviving spouse and when the second spouse...
A commercial lease over retail, commercial or industrial premises usually sets out the obligations of the landlord and tenant in relation to maintenance and repair of the premises. In most commercial leases the tenant is responsible for the rented premises including the walls, floors, fixtures and...