Putting your relationship to bed before jumping into another

As the composition of the Australian family continues to evolve and the number of blended families continues to rise, individuals exiting one relationship and entering another should not underestimate the importance of first finalising their financial relationship with their former partners. For many people, the breakdown of a marriage or de facto relationship involves significant […]

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Children’s Contact Services – What, Why, When and How?

Following the breakdown of a relationship, it is important that parents attempt to make appropriate agreements for the care of their children, particularly their ”live with” arrangements and their ”spend time” arrangements (historically called ‘’custody’’ and ‘’contact’’ or ‘’access’’, respectively). When parents are unable to communicate directly with each other, or there are fears about […]

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When is it worth protecting the bank? When it’s the bank of Mum and Dad.

It is commonplace for parents to provide their children with money to fund weddings, house deposits, cars, business ventures and other purchases. However, when adult children separate from their spouses or de facto partners, the characterisation of that money as either a gift or a loan can be called into question, and money from the […]

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The ALRC Family Law System Review Discussion Paper – what can we expect?

The Australian Law Reform Commission (“ALRC”) will issue its Discussion Paper in October 2018 in relation to the pending Family Law System Inquiry (also known as the ‘Family Law System Review’). The Discussion Paper will set out the Commission’s preliminary proposals for reform and invite feedback from all sections of the community. What can we […]

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New Child Support (Assessment) Act amendments permit administrative termination of binding child support agreements where care arrangements reverse or reduce

Recent amendments to the Child Support (Assessment) Act 1989 (Cth) (“the Act”) have simplified the way that binding child support agreements can be terminated in certain circumstances. It is no longer necessary for a party paying child support under a child support agreement to apply to the court to terminate the agreement where circumstances have […]

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Impact of Family and Domestic Violence Leave entitlements on Family Law cases

As part of its four yearly review of modern awards, the Fair Work Commission (FWC) has been considering submissions on the potential inclusion of family and domestic leave into those awards (see previous article here). The FWC has now determined that such leave should be provided for in awards and has finalised the model clause […]

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Family and Domestic Violence Leave

As a part of the four yearly review into modern awards, a Full Bench of the Fair Work Commission (FWC) has decided to provide award-covered employees experiencing family and domestic violence with an entitlement to five days’ unpaid leave per annum. The Australian Council of Trade Unions sought an uncapped amount of family and domestic […]

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Long Overdue: Review of Family Law System gets underway

The second stage of the Federal Government’s Family Law review commenced on 14 March 2018 with the release of the Australian Law Reform Commission’s (ALRC) Issues Paper. The release of the Issues Paper follows the announcement in September last year by then Attorney-General Senator George Brandis QC that the Federal Government planned to undertake a […]

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