How do the Family Courts Treat Foreign Superannuation Entitlements?
The 2006 case of Lesbirel v Lesbirel suggests that foreign superannuation may still be treated as a ‘financial resource’ in family law property settlements.
Mimi has practiced exclusively in the area of family law since her admission to practice. Mimi has assisted clients in a variety of parenting, property, divorce and intervention order matters. She has acted for parties in complex property disputes involving overseas business assets as well as parenting matters involving mental health issues, family violence and drug and alcohol addiction. Prior to her admission, Mimi completed a Juris Doctor at Melbourne Law School, was the Editor of the Melbourne Journal of International Law and a volunteer at Women’s Legal Service and Refugee Legal.
Beroni & Corelli: Setting Aside a Financial Agreement Where There is a “Special Disadvantage”
The case of Beroni & Corelli concerns an appeal against an order made by the Family Court of Australia setting aside a Binding Financial Agreement (BFA) on the grounds of unconscionability and undue influence.
How Will A Loss of Income Affect My Child Support? The Effect of COVID-19 on Child Support Obligations
I’ve lost my job or experienced a reduction in my income. Do I still have to pay child support?
Co-Parenting in the Time of COVID-19
A multitude of new and unforeseen issues arise when trying to navigate parenting during a pandemic. We field some of those issues here and advise parents on how to keep effectively co-parenting during this public health crisis.
What Happens to Superannuation after a Separation?
The superannuation splitting laws allow separating couples to value and divide their superannuation after a relationship break down. Under the laws, one partner may split the amount remaining in their superannuation fund and make a payment to the other partner’s superannuation fund after separation.
Modern Family Part II: When a Sperm Donor Becomes a Legal Parent
Just last Wednesday the High Court handed down a landmark decision confirming the legal parentage of a sperm donor. Robert Masson donated sperm to his friend Susan Parsons in 2006, leading to the conception of now twelve-year-old “B”. Robert is listed on B’s birth certificate as her parent. B calls Robert “Daddy”.
Modern Family: The Contested Space of Legal Parentage
This year the High Court will hear a landmark case on the legal parentage of a child born via sperm donation.
Passing the Buck: High Court Judgment Finds Tax Liabilities Can Be Transferred between Spouses
In its recent ruling, Commissioner of Taxation for the Commonwealth of Australia v Tomaras, the High Court of Australia held that a wife’s $250,000 tax debt to the Australian Tax Office (“ATO”) could be assigned to her husband.
New Cross-Examination Ban Protects Victims of Family Violence
Last Wednesday, 5 December 2018 the Morrison Government passed legislation protecting victims of family violence from direct cross-examination by their alleged perpetrators in family law proceedings.
Family Law Reforms Close in on International Child Abductors
Recent amendments to the Family Law Act 1975 (Cth) have introduced greater consequences for parents who abduct children. The reforms extend a penalty of three years imprisonment to parents who retain a child overseas beyond their required return date in breach of an existing or pending court order or written agreement.