Emotion is perhaps the most significant feature of family law, which differentiates it from other areas of practice. If you’re going through a divorce, it helps to recognise that the process generally follows a pattern, and that understanding that pattern can impact your legal proceedings. Emotional...
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When it comes to spousal maintenance, it’s important to make sure that you’re not left short-changed, so you can move on with your life, both emotionally and financially. Section 75 of the Family Law Act 1975 contains the essential list of all things a court considers...
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If you’ve become recently embroiled in family law proceedings, you’ve no doubt heard the phrase the “best interests of the child”. But what does this mean, and how do the courts decide? The meaning Part VII of the Family Law Act 1975 centres on a fundamental principle...
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If you’ve built up a wealth of assets during your lifetime, chances are that once married, they will all become pooled with the matrimonial property. This includes assets you acquired before getting married. According to the Australian Bureau of Statistics, the median age at first marriage...
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Buying a newly married couple a home is the ultimate wedding gift. When one set of parents buys a home for a couple, there are the usual wishes and hopes for their bright, happy future, with lots of grandchildren. But not every story has a fairytale...
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We often hear people talk about rights. The right to vote, the right to silence, the right to a jury etc. What about the right to privacy? Does it exist? If so, how can it be enforced? What does one measure it against? The problem...
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Many traditional family units often comprise of a chief bread winner whilst another party undertakes the role of home maker and parent. It is a fallacy to suggest the bread winner adds more value to the asset pool than the home maker, because anyone who...
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The High Court of Australia has recently explained the definition of "use reasonable endeavours" in the performance of a contract. In the case of Electricity Generation Corporation trading as Verve v Woodside Energy, a substantial fire led to the shutting down of a gas plant...
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