By Teigan Hutchison While Ye, the rapper formally known as Kanye West, may have coined the line in his classic hit “Gold Digger”, he unwittingly sparked a conversation about the …
Undertakings as to Damages in Family Law Matters
By Jacob Carswell-Doherty – Sydney Introduction It is not uncommon for a spouse party to attempt to disperse assets in order to avoid them falling into the hands of an …
Navigating interim Property Orders in Family Law
By Anastasia Zasentseva Separating from a partner or spouse is a difficult and often stressful process. Particularly when one party maintains control over joint assets or has a significantly higher …
What happens to my will when I divorce or separate from my spouse?
By Teigan Hutchison Divorce and separation are complex issues that can have significant emotional, and legal ramifications. The Family Law Act 1975 (Cth) (‘Family Law Act’)[1] serves as the primary …
Does the Court consider the children’s wishes when making orders?
From a broader perspective, the Family Law Act does provide the Court with the ability to consider the children’s wishes. However, the Court is by no means bound to rely …
Inheritances in Family Law
A common question often asked by clients in their family law settlements is: how are inheritances received or likely to be received treated by the Family Court? Are such inheritances …
Japan Child Abduction & Alienation
A recent case has drawn international attention for the wrong reasons. Australian man, Scott McIntyre, was detained for 45 days in Tokyo, Japan for attempting to locate his children. Mr …
The wedding is cancelled, so who gets to keep the engagement ring?
We have all heard of the horror stories of the engagement ring getting flushed down the toilet, but what are your legal rights in the event the engagement is …
Recording conversations – can they be used as evidence in Family Court
Can you record your partner in a family law dispute without their consent? Can recording conversations assist your evidence in a Family Court case? In NSW the recording of …
Legal costs in divorce proceedings
Participants in divorce proceedings often believe they will have their legal costs paid by the other side if they win. Whilst it is true in most Australian jurisdictions that ‘costs …
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