|
Changes to cross-examination in matters of family violence
New provisions will commence in the Family Court and Federal Circuit Court on 10 September 2019 in an effort to provide protections to the victims of family violence. The Family Law…
|
Recording of Court Judgements on Personal Credit Files
There are a number of credit reporting agencies which provide fee based credit reporting services to consumers. The agencies including Equifax, CheckYourCredit and Experian Credit Report are services often used…
|
Devil in the detail - What does your rent review clause say?
It is common for a commercial or retail lease to provide for a market rent review to occur, particularly on exercise of an option to renew. Usually the parties will…
|
Words - choose what you mean
In blended family situations lawyers are often asked to draft a Will which gives the “new partner” the right to reside in the house for life. Often the widowed partner…
|
Court encourages parents to maintain control
Under the Family Law Act before parents seek orders from the Court, they generally need to first obtain a certificate (known as a Section 60I Certificate) confirming that they have attempted Family Dispute Resolution (“FDR”). …
|
A Camel: A Horse Designed by a Committee?
In March 2017, a Committee of the Australian Parliament was directed to inquire into how Australia’s Federal Family Law System can better support and protect people affected by family violence.…
|
Be careful when you authorise access to your bank account
In a recent case, Iannella v Stirans by her tutor the NSW Trustee & Guardian [2019] NSWSC 1181, an elderly widowed pensioner living alone signed an authority for a neighbour to operate…
|
“Without Prejudice” Communications - What Does it Mean?
Legal correspondence often contains the term “without prejudice”. The term is one of the most used legal phrases, however it is often misunderstood. The term “without prejudice” is most familiar…
|
Boyer v FRP Pools & Spas Pty Ltd
On 13 June 2019 the NSW Civil & Administrative Tribunal ordered the manufacturer of a specialist gel lining for swimming pools to rectify the applicants’ swimming pool to a usable…
|
Subtle ‘traps’ with Subpoenas for documents
Most people understand what a subpoena is. So far as it relates to documents, it is a Court order requiring documents to be produced to the Court Registry. That sounds…
|
Tax implications of family law property division - part 1
When a relationship ends there are many expected outcomes but an issue not often discussed is the tax implications of property division. Today I am looking at just one: capital…
|
Separation- the day before, or the day after Black Friday?
In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”. Recommendation 13 provided that the Family Law Act should be amended to provide…
