(Not) Married at first sight: de facto relationships explored

In Australian society today, there is an increasing number of people living in what would be legally considered to be a de facto / domestic relationship known as a “de facto relationship”. Why is it important to determine? Many de facto relationships in Australia have the same legal rights as married couples.   What is […]

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Birth certificate reforms in Victoria

On the evening of 27 August 2019, the Victorian Parliament passed the Births, Deaths and Marriages Registration Amendment Bill. The amendment will allow adults and children to change the sex on their birth certificate without the requirement of gender reassignment surgery. It also provides for transgender people to self-nominate their preferred gender designation (male, female, […]

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When choosing a school is a matter of family law

Your footy team, where you grew up and where you went to school are just some of the factors that can impact how we each define and describe ourselves in our various family and social support environments. Such is the demand for private schools and the strength of the “old boys” and “old girls” networks […]

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Woman wins the right to access her deceased husband’s sperm

A Queensland woman has won the right to access her deceased husband’s sperm following a recent decision by the Queensland Supreme Court. Mrs Gaffney and her husband had been married for five years when Mr Gaffney died in November 2018. The couple had an 18 month old son and had recently begun consulting a fertility […]

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Pre-Nups – are they worth the effort?

Financial Agreements operate to oust the Court’s jurisdiction for separating couples. When should you consider a Financial Agreement? There are division of property, succession, estate planning, stamp duty and CGT issues to consider. Here is our high-level approaches to these factors. Click here to view the full size PDF

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New NES entitlement: Unpaid Domestic and Family Violence Leave

In its final flurry of legislative activity for 2018, the Federal parliament has today passed an amendment to the Fair Work Act 2009 (Cth) that will enshrine the right for employees to take up to five days unpaid leave to deal with family and domestic violence. This amendment follows a decision in March this year […]

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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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