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Caveats in Family Law
In the recent case of Shuran & Fang (No 6) [2024] the Court had to determine whether the wife had to remove Caveats that she had lodged over various properties…
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Fail to Prepare (or Turn Up) & You Prepare to Fail
The case of Trusted Building Group Pty Ltd v Everitt is a summary judgement of the Supreme Court of NSW that dealt with a dispute relating to a construction contract.…
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Disagreement Does Not Always Mean Dysfunction
The case of David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125 deals with the management and potential winding up of the Darbalara Property Trust (DPT). The…
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When an Oral Contract Superseded a Written One
On 25 October 2024, the Supreme Court of New South Wales ruled on Rogers Construction Group Pty Ltd v Mirage Interiors & Construction Pty Ltd [2024] NSWSC 1344. The case…
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What is Arbitration in the Family Law Context?
One of the variety of options that have sprung up to help alleviate the delays in the Family Court system is arbitration. But what is it? Arbitration is a process…
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Defaulters’ List
The Family Courts have announced a pilot “Defaulters’ List” program, running in the Sydney Registry for now. The intent of the Defaulters’ List is to ensure compliance with the rules…
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Meals from the Heart - Mullane Lindsay Style
As a proud Newcastle-based firm, Mullane Lindsay enjoys engaging with and giving back to our local community. A number of our staff recently had the privilege of participating in the…
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Death of a Party & Property Settlement
Family law matters can be difficult and complex to navigate at the best of times, however, this is particularly so when one party dies before the matter is finalised. The…
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Death of a Party & Parenting Orders
What happens if there are parenting Orders and the parent with whom the child lives with dies? The parenting Orders remain in force, however, unless the orders explicitly set out…
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International Travel & Parenting Disputes
In the context of travelling overseas with children, section 65Y and 65Z make it an offence punishable by up to 3 years’ imprisonment to remove a child from Australia without…
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Self-Managed Super Funds - What are they Worth?
A self-managed super fund (“SMSF”) may provide tax advantages and flexibility in the investment of the parties’ superannuation during the relationship, however it can pose particular challenges following the breakdown…
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Nothing Final About Final Parenting Orders
Parenting Orders by the Court following a contested hearing or even resolved by agreement, are often said to be ‘Final Orders’. The Court has a clear principle that matters should…
