“Outdated” Family Law System to be Overhauled
Australia’s family law system faces an overhaul after the government unveiled an inquiry aimed at fixing what it believes is a dysfunctional method of dealing with family breakdown.
DetailsNo Property Order Made After a 27 year De Facto Relationship Ends
In a recent case heard by the Full Court of the Family Court, Chancellor & McCoy, a same sex couple who were in a de facto relationship for 27 years were not required to divide their property after separation. The Court found it was not “just and equitable” to make property settlement Orders. During the…
DetailsMother Successfully Appeals Setting Aside of Binding Child Support Agreement
In the case of Masters v Cheyne the mother and father signed a Binding Child Support Agreement on 31 July 2008.
DetailsEgg Donor Held to be a Parent by the Family Court
The parties were a female same sex couple who commenced a de facto relationship in 2004. The Respondent left the Appellant’s home on 21 March 2011. The Respondent was a frequent visitor to the Appellant’s home until August 2011 and the parties continued to have sexual relations and engage in social activities together until August…
DetailsTrust property in a Family Law context
A trust legally owns assets on behalf of the beneficiaries named in the trust deed. Sometimes these assets owned by the trust (usually a discretionary trust) are found to be property that is able to be divided after separation.
DetailsFamily Violence Allegations in Interim Hearings Must be Considered by the Family Court
The recent decision of the Full Court of the Family Court in the matter of Salah states that the trial judge erred in failing to consider allegations of family violence by the mother against the father when making interim parenting orders.
DetailsSuperannuation is Property! Can it be split?
The Family Law Act defines superannuation as property, therefore it can be divided in a property settlement after separation.
DetailsDo Grandparents Have Rights Under the Family Law Act 1975?
A grandparent has the right to make an application for a Parenting Order with respect to a grandchild under the Family Law Act. Examples of such Parenting Orders include an Order that a child live with or spend time with a grandparent.
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