The recent Federal Circuit Court of Australia decision in Downey and Beale [2017] FCCA 316 provides an interesting analysis of the Court’s jurisdiction to make Orders in relation to pets. The husband and wife in this matter were able to reach agreement [...]
Delays in the Family Court and in the Federal Circuit Court are at an all-time high. With insufficient numbers on the Bench and overwhelming workloads for Judges in both Courts, it is becoming increasingly common for matters to be in [...]
In Douglas & Ferris & Anor [2014] FCCA 2785 (19 November 2014), the Husband issued a subpoena to the Wife’s father to produce documents with respect to a number of family trusts in which the Wife was a beneficiary. The Wife’s father [...]
Discussing Fields & Smith [2015] FamCAFC 57 The recent decision of the Full Court of the Family Court in the case of Fields & Smith has overturned the decision at trial that a husband’s ‘special’ skills warranted an adjustment of the assets of the [...]
Property adjustment proceedings – Husband’s mother’s Will altered The recently upheld appeal of GAU v GAV [2014] QCA 308 shines the spotlight on an incapacitated testator’s Will being changed, despite the effect a change may have on property adjustment proceedings in a [...]
Part 2 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Binding Financial Agreements Last week, we reminded you that if you want to fully and finally resolve matrimonial or de facto property matters, you need [...]
Part 1 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Consent Orders You need a Court Order or Binding Financial Agreement to have a legally effective property settlement. It is important to formalise [...]
We keep fish in our pond here. Goldfish. They are such good company – colourful, silent, sinuous and sociable. Many of our clients keep pets. Mostly dogs and cats, some horses, guinea pigs, mice, birds and snakes. Each to their [...]
Australia and New Zealand have always had a close relationship. It is not uncommon for parties to have lived and/or owned property in both jurisdictions. So what happens when things fall apart, parties separate and orders are made in either [...]
There was a report in the press recently about a young man dying and his wife inheriting the whole of his estate under the terms of his will. Nothing remarkable there? Well, there was actually because the young man had [...]
