The Importance of Dispute Resolution
The Importance of Dispute Resolution Family Dispute Resolution When the Federal Circuit and Family Court of Australia was established on 1 September 2021 it introduced a new Court structure and case management pathway that aimed to resolve disputes as “quickly, inexpensively and efficiently as possible.” Emphasis is placed on providing opportunities for dispute resolution […]
Can I use privately recorded messages in the Family Courts?
Can I use privately recorded messages in the Family Courts? The Surveillance Devices Act 2007(NSW) Under this Act it is illegal to record a private conversation without consent. However, in Family Law Proceedings the Court may exercise its discretion to allow recordings into evidence in particular circumstances. This may be to provide evidence of stalking […]
Tax Implications of Family Law Property Settlements
Tax Implications of Family Law Property Settlements Property Taxes in General Your Primary Residence When you sell your family home, you do not have to pay capital gains tax unless the land is more than 2 hectares. You can claim your main residence exemption from capital gains tax and up to 2 hectares of the […]
Can Children Get Child Support when they turn 18?
Can Children Get Child Support when they turn 18? The HSC is over. No more paying for excursions and uniforms. It is an exciting time for you and your 18-year old child. Officially, your child is now an adult. The Federal Circuit Court and Family Court of Australia make Orders for children until they turn […]
Christmas, Pets, Parenting & Property
As Christmas approaches we are often reminded to think very carefully about buying a dog or cat as a Christmas present: pets have feelings and will be part of the family for years. However, when we look at Family Law proceedings and property settlements, we learn that our family pet is property. This can be […]
Property Valuation and Property Settlement
When couples separate they want to separate all their property and move on. There are a number of steps before parties can finalise their Property Settlement. First, the Family Courts in Australia have to consider whether it is just and equitable to make orders for a property settlement at all. The Courts take a number […]
We Have a Settlement but my ex Hasn’t Paid. Can I get Interest?
The short answer is yes. It depends on the Property Orders that were made at your settlement. You may have to sell your former home so the Orders will allow some time for that to happen and may give options about selling. If you try to sell it by private treaty and that fails, there […]
Rice and Asplund
My Ex and new partner keep using COVID-19 as an excuse to keep the children. We have Final Orders so can I bring our case back to Court? Circumstances of your Case In the normal course of events, No, you cannot go back to Court to change Parenting Orders if you decide later that you […]
Family Violence and Property Proceedings in the Family Court
When finalising a property settlement, the Courts in Australia will consider whether either of the separated partners have any needs such as the care of children or the cost of re-training to secure employment. There may be an adjustment in the division of the former couple’s assets to make allowance for such needs. There are […]
Your Business and Your Family Law Property Settlement
Full and Frank Disclosure The first step in preparing for family law property proceedings, is to identify the property of the parties. Each party must provide evidence of the ownership and value of all assets, liabilities and superannuation. This includes any business interests and any corporate structures in which they or either of them have […]