News & Resources

We don’t really own much, but my ex has a large superannuation entitlement when he retires. Can it be divided?

Superannuation was always something that needed to be taken into account in working out a Family Law division. It was classified previously as a financial resource. However there were changes to the Family Law Act in 2002 which in fact made it possible to actually divide superannuation between the parties upon separation. These are called Superannuation Splitting Orders.

Capital Gains Tax and Family Law Property Settlement – is it a Liability to be taken into consideration in Family Law Matters or not?
When calculating the value of the assets available for division between parties, the court may take into consideration any capital gains tax (“CGT”) implications of asset disposal.

It is commonly accepted that a landlord owes a tenant of a property a duty of care to protect them from any reasonably foreseeable risks associated with the property

Although we haven’t had any first-hand experience in seeing this implemented, it has been brought to our attention that the Real Estate Institute of New South Wales has prepared a document which they refer to as a QuiContract.

WHAT IS THE TIME LIMIT FOR FAMILY LAW PROPERTY SETTLEMENTS?
When discussing family law property settlements many clients are unsure if they need to be divorced before they can have their property settlement and whether there are time limits to finalise their property settlement.

The financial impact of COVID 19 pandemic has been felt by all Australians in some way. For couples who are going through the process of separation or are struggling with the impacts of a domestically violent relationship, the impact of COVID 19 can be significantly amplified.

Is there a time you have to wait after you make a person redundant before you can re advertise for the same position?

Many commercial contracts contain provisions require one or other party to use “reasonable endeavours” or “best endeavours” to achieve a particular result.

At what age can my children choose who they live with, and/or choose how often they see the other parent? At what age can a child’s views be more influential than that of their parents?

The Family Court of Australia hears many applications each year of parents seeking to relocate with their children against the wishes of the other parent, often to be closer to family support, for a re-marriage or for employment opportunities.

In doing so, the Courts must consider the best interests of the child. As such, each case is decided on its own circumstances.