COVID-19 and the Local Court
PREPARATIONS to RETURN TO NORMAL On 7 May 2020 the Chief Magistrate issued a Memorandum outlining a pathway to allow the Local Court to return to standard procedures and ultimately to normal practice as the Government relaxes the restrictions enforced by the very real dangers we have been facing with the Coronavirus pandemic. THE MAJOR […]
Bail and COVID-19
The current pandemic has affected court proceedings and how some procedures and charges are dealt with by the courts. Bail Applications may be moved between courts and the magistrates have to consider the safety of everyone involved. We have also run Bail Applications by video-link where we represented clients to the Court and presented our […]
Is A Gel Blaster a Toy or a Weapon?
“I bought a gel blaster in Queensland but got charged for owning it in NSW”. WHY? Simple Answer Gel blasters are illegal in New South Wales and if you are charged with possession of a gel blaster without a gun licence, you can not only be fined but also you can face a gaol term […]
Personal Injuries & Family Law: Can I Keep my Personal Injuries Award or Will my ex get Half?
What is property in Family Law? Property is broadly defined in Family Law proceedings and includes all legal and equitable rights of the parties. When the Courts work out a property settlement between you and your ex-partner, they work out what the property pool is, what contributions each party made to the overall property, what […]
Navigating Family Life While Managing Coronavirus Lockdowns
We all want to do the right thing and flatten the curve to stop COVID-19 in its tracks. However, we are all human and living in each other’s pockets while trying to meet work deadlines, implement a home schooling timetable, feed the pets and try to maintain our relationships can lead to unimagined stresses. These […]
COVID-19 and Family Court in NSW
Chief Justice Alstegren has released an update to assist families and their advisors on 26 March 2020. He confirms that parents must comply with parenting orders. However, he also gives us a pathway to navigate the changing times so that the best interests of the children and their relationship with each parent can be maintained. […]
Family Law Orders and Cosmopolitan Australia
Many Australians have travelled, studied and lived all over the world. They may have been transferred overseas with work and decided to settle in their adopted country with family and community ties being forged over many years. In that time they may have married someone from their new home, bought a residence and built an […]
How Does the Court Work out Property Division Between a Separating Couple?
Is Just and Equitable Just a Fancy Way to Say “Fair”? The Court’s Process to Determine the Settlement of Property Matters The Court has traditionally used a 4 step process to determine Property Settlement matters. The Court first has to consider whether a Property Settlement would be “just and equitable” at all. That is a […]
Financial Agreement vs Consent Orders
My ex-husband comes from a family farming business. I want out of the family business but should I finalise our settlement by signing a financial agreement or go to Court and get Consent Orders? The simple answer: it depends. The circumstances of each couple are different. There are advantages and disadvantages to going to Court […]
Add-backs, Wastage and Negative Contribution?
When the Courts are determining what assets make up the property pool of the parties of a former relationship, the Family Court has traditionally considered not only the current assets and liabilities of the separated couple but also what has been termed “add backs” or “notional property” or “notional assets”. Add-backs generally refer to money […]