Separation, Family & Relationships

Practice area

Separation, Family & Relationships

Articles, case notes and commentary from the Mullane & Lindsay team.

Separation, Family & Relationships
|

Liability in the absence of a therapeutic relationship

The NSW Court of Appeal recently found a medical treatment provider was liable for personal injury, even though there was never a therapeutic relationship with the person who was injured.…
Warm, calm living room in soft natural light
|

The three questions kids are thinking about separation and divorce

Recently the Australian Institute of Family Studies released their Report “Children and young people in separated families: Family Law system experiences and needs”. The report involved interviews with 61 children…
Separation, Family & Relationships
|

Loans to Children - Don’t be Vague

When making loans to children, you will probably be nagged by conflicting emotions and truisms.  Should I document the loan for clarity? But they look so happy together and can…
Warm, calm living room in soft natural light
|

My Health Record: Are your children at risk?

In 2012 the Australian Government commenced a digital health record system known as My Health Record.  In May 2017, the Government announced that the system would transition into an ‘opt-out’…
Two ropes gently intertwined, symbolising family and connection
|

What a difference a (leap) year makes

What a difference a (leap) year makes We have all heard jokes about people born on 29 February in a leap year, claiming to be younger than they really are…
Warm, calm living room in soft natural light
|

Exceptions to the rule - Who’s listening?

S 7(1) of the Surveillance Devices Act 2007 (NSW) sets out a general prohibition to a person using a listening device to record a private conversation to which the person is a…
Warm, calm living room in soft natural light
|

Am I in a de facto relationship? Part 1

People often seek an answer to this question because it has a financial impact on them. Family courts have jurisdiction to make orders in respect to maintenance and property settlement…
Warm, calm living room in soft natural light
|

Am I in a de facto relationship? Part 2

Section 4AA(2) of the Family Law Actlists factors to be considered in the determination of whether or not a couple are or have been living together on a genuine domestic…
Two ropes gently intertwined, symbolising family and connection
|

Busting some Family Law misconceptions

The emotional side of ending a relationship can leave those involved completely unprepared for financial separation - often not helped by some notions that float around (well-intentioned) back-yard barbeque and…
Two ropes gently intertwined, symbolising family and connection
|

If you need to flee - ending a lease when there is domestic violence

The Government recently passed a Bill amending the Residential Tenancies Actto provide some assistance to tenants who need to escape a domestic violence situation. Those tenants will need to give their…
Warm, calm living room in soft natural light
|

Making the rules the same for everyone

When parties to a marriage or a de facto relationship want Court Orders to divide their property, time limits apply as to when they can bring an application.  A party…
Separation, Family & Relationships
|

New statistics on marriage and divorce

We are all touched in some way by relationships, starting and ending.  On 27 November 2018 thereleased the following statistics, which are of interest: A total of 3,149 same-sex weddings…
Separation, Family & Relationships
|

Elder abuse -lack of contact with family

In NAD [2018] NSWCATGD 1 (a case involving the NSW Civil and Administrative Tribunal) an elderly mother diagnosed with dementia was taken to live with her son.  One of the mother’s daughters…
Warm, calm living room in soft natural light
|

Separation in the age of the internet

We undoubtedly live in a digital age. We bank and shop online and we download music, movies and television. Email and text message are prominent forms of communication. We also…
Warm, calm living room in soft natural light
|

Changing a Child’s Name

Some relationships come, and go. Children might have multiple siblings to different fathers and/or mothers, and it is not uncommon for a change to a child’s surname to be contemplated. …
Separation, Family & Relationships
|

The legal tangle of family finances

It is common for family members who provide financial support for each other not to put those arrangements in writing.   It is also common for lawyers to see those family…

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.