Cases & Articles

Please select from the list below, to see some of our recent publications, in the related practice area of law.

Each article or case on this website is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Lawyers on 02 9221 6011.

• When Will a Childs Wishes be Heard in Family Law Proceedings? Can a Child Tell the Judge What They Want?
  01/06/2020
  Some parents can have the view that the child or children should be able to decide on parental responsibility, where and with whom the child lives and what time a child spends with a parent. Lawyers are told “the child wants to live with me” or he does not want to see his father. A child may not say the same things to both parents and parents may only hear what they want to hear or try to persuade a child to say what they want to hear. This is not how the Family Court of Australia or the Federal Circuit Court takes the views of a child into account.
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• Child Support – I have lost my job – Do I still have to pay child support – What do I do?
  25/05/2020
  If you have been assessed for payment of child support you will have been assessed for payment of child support on the basis of your income. Australia now has nearly 1,000,000 unemployed where they have an obligation to pay child support pursuant to an assessment by the Child Support Agency or pursuant to a Binding Child Support Agreement.
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• Property Division Cases in the Family Court of Australia – Prepare Properly or Risk Failing
  18/05/2020
  Watson & Watson have successfully conducted and received Judgment on behalf their client from the Family Court of Australia. The case was a complex property case where Watson & Watson acted for the Husband. The Wife was legally represented and had commenced proceedings in the Family Court of Australia at Sydney.
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• Property Settlements and Covid-19 – Is it Safe to Settle – Should I Wait?
  13/05/2020
  The Covid-19 pandemic arrived at a time when many separated couples are in the process of attempting to achieve a division of property. Some may have commenced proceedings in the Family Court of Australia or Federal Circuit Court or were in negotiation or participating in Mediation to resolve and then document their settlement.
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• Expert Evidence in Family Law – Property Cases
  11/05/2020
  The Family Court of Australia and Federal Circuit Court of Australia decide cases based on evidence.
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• Time Limitations Applying to the Commencement of Property Cases in the Family Court of Australia
  04/05/2020
  The Family Law Act 1975 imposes time limits on when proceedings for property division and spousal maintenance applications must be filed. These time limits are known as Limitation Periods. The Limitation Periods are the same for both the Family Court of Australia and the Federal Circuit Court of Australia. The failure to commence an Application in Court before the Limitation Period expires can mean that an Application cannot be filed and proceed to finality in the Courts.
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• Making sure your Property Settlement is Final
  27/04/2020
  Separating couples when attempting to achieve a property division need to ensure that any settlement they reach and the transactions and transfers that take place in the course of the settlement are full and final and cannot be overturned in the future. They also want to be sure that there can be no further future claims. It is inadvisable to divide property and not document that division of property properly as a failure to document or obtain Court Orders can lead to future claims or the possibility of challenges to the transactions being made in the future.
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• Parenting Orders – What Happens When You Cannot Comply with the Orders
  21/04/2020
  Parenting Orders are orders that deal with parental responsibility, where children live and what time they spend with each parent and other significant adults. Orders are made in relation to changeover, places and time, educational, medical issues, travel and many other specific issues.
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• Opinion Evidence required to be given in accordance with the Evidence Act
  15/04/2020
  Watson & Watson Solicitors are engaged and act in many areas of Law which require Opinion Evidence to be provided. In many areas of dispute there is a requirement to provide Opinion Evidence.
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• Family Court of Australia and Federal Circuit Court of Australia – Special Arrangements to deal with Coronavirus
  06/04/2020
  The Family Court of Australia and Federal Circuit Court of Australia continue to operate during the crisis. The Courts have modified the way in which they operate to maintain the health and safety of the community, the Judges and the staff. The Court is attempting to ensure that all urgent and priority matters are able to be dealt with safely but ensuring that the process incorporates appropriate social distancing. The Court has indicated that there will be further changes to its operations if required.
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• Personal Injury Awards and Family Law – Will I get to keep my compensation
  05/04/2020
  The Family Court and Federal Circuit Court of Australia divide property between parties to marriage or de facto relationships. The Family Law Act of 1975 defines what is considered to be property. The Act defines property to which those parties are, or that party is entitled whether in possession or reversion. Property covers assets such as land, houses, shares, bank accounts, motor vehicles, art, antiques and superannuation.
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• No Contributions Can Result in no property division – The Case of Babray
  30/03/2020
  A recent case determined by the Federal Circuit Court of Australia highlights the need for a party who seeks property division to have made contributions. Just being married or in a de facto relationship does not guarantee a property settlement.
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• Parenting Applications – Family Dispute Resolution – Case Dismissed for Non Compliance
  23/03/2020
  The Family Law Act requires parents who are in dispute in relation to children to make a genuine effort to resolve the dispute by participating in Family Dispute Resolution. The dispute resolution procedure must be attempted before any proceedings can be commenced in the Family Court or Federal Circuit Court. If an agreement can be reached the agreement is used as a basis for the Parenting Plan or Consent Orders that can be approved and made by the Family Court.
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• Mediation can deliver – Get the result without going to Court
  18/03/2020
  The first questions commonly asked by people who have separated and want to know how they can resolve division of their property and assets, parenting issues or just get divorced are usually: • Will I have to go to Court? • How much will it cost? • How long would it take?
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• Expert Evidence Important in Family Law Matters to prove Options for example Valuations, Medical Issues and best interest of Children
  06/03/2020
  The experienced solicitors at Watson & Watson have been involved in countless cases requiring proof of matters of opinion. Opinion evidence is separate and distinct from evidence as to facts.
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• Tax Commission not paid in full – Wife received net assets in preference to those assets being available to pay Husband’s outstanding taxation liability
  18/02/2020
  In James & Snipper & Anor (namely Commissioner for Taxation) (2018) FAMCAFC 235 3 December 2018 the Full Court of the Family Court on an Appeal from the original Decision considered the apportionment of the taxation obligations of the separated spouses, namely Husband and Wife, and a claim by the Commissioner of Taxation for payment of outstanding taxation due by the Husband.
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• De Facto Relationships - Is a Property Settlement Always a Certainty? Recent Case Law
  10/02/2020
  It is easy to assume that at the end of a de facto relationship there will be an entitlement to a property settlement. In reality that may not always be the case.
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• Keeping the Home – At what cost is it viable?
  03/02/2020
  The issue of who gets the matrimonial home following separation is an immediate issue upon separation. Who stays in the home after separation often affects the outcome of the matter and more importantly, the time and cost it takes to either settle the matter or have the matter determined by the Court.
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• Wife Fails in Claim to keep Matrimonial Home at great Costs
  28/01/2020
  In 2016 Watson & Watson received instructions to act on behalf of the husband in relation to an Application made by the wife for property division. In essence the wife occupied the Matrimonial Home following separation. The wife was not in employment. The former Matrimonial Home was of considerable value however it was subject to a substantial mortgage.
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• Loans from Parents or Grandparents – Will They Get Their Money Back?
  20/01/2020
  In Australia home ownership is becoming more difficult to achieve as property prices rise and banks impose more onerous lending criteria. It is becoming common for parents or grandparents to assist their adult child by providing money to help them and their spouse or partner to buy a home and to assist the payment of school fees. Often the property/home is purchased in the names of both the child and their spouse or partner or by one. At the time the money is provided, it is thought that all will be well and that promises to repay will be honored and that the marriage will succeed.
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• Post Separation Contributions – Will You Get Credit for Things That You Do and Money That You Earn After Separation?
  19/11/2019
  In property matters the Family Court of Australia or Federal Circuit Court may need to consider what the parties contributed to the property pool after separation to decide how property should be divided. These post separation contributions can be direct financial contributions, indirect financial contribution or contributions for the welfare of the family.
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• My Children Wanted to Live with Me - When Will the Court Listen to the Children
  12/11/2019
  Parenting cases in the Family Court of Australia and Federal Circuit Court are about children however the children are not the parties to the proceedings. The parties will be their parents. Children do not participate in the proceedings by having a lawyer to tell the Court what their position is and cannot (in almost all cases) attend Court to tell the Judge what their wishes are.
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• Property Division Short Marriages or Relationships – What is Appropriate when the Marriage or Relationship is Short?
  16/10/2019
  The Family Court or Federal Circuit Court (Court) will apply the same approach to the division of property between husband and wife or de facto partners regardless of whether the marriage or relationship is a long relationship or a short relationship. A short relationship is generally thought to be one which is less than 5 years in duration. Though the Court takes the same approach there are differences in the way the Court applies the same principles as between a short relationship and a long relationship. The outcome for the party who brings in or contributes the least in a short relationship, will be less generous.
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• Thinking About Separating - What Can you Do and What Should you do to Protect your Long Term Interest
  08/10/2019
  Deciding to separate from your spouse or partner of many years can be a difficult decision. Shared financial arrangements cannot be separated overnight. Situations develop where one spouse/partner might care for the children while the other spouse/partner may manage the family financial affairs. You could find yourself in a situation where you do not have any information about your own including your spouse or partner’s financial situation and you may have no control or a secure income for yourself. You need to protect yourself.
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• A Fresh Look at Spousal Maintenance – How much do I Have to Pay? How Long Do I Have to Pay?
  02/10/2019
  The Family Court of Australia recently considered competing Applications for an increase in payment of weekly periodic maintenance and an Application to terminate or at least reduce the amount of weekly payment. This was in the case of Bodilly v Hand Family Court of Australia 2019. In this case the Court set out relevant issues that arose in those proceedings. In this case the former husband had been paying his former wife spousal maintenance for many years.
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• Family Violence: Can this be relevant to property division proceedings – Yes it can
  25/09/2019
  The Family Law Act 1975 has as its base a “no fault” concept. The Family Court will generally not make Orders on the basis that one party to the proceedings is the “innocent party”. This applies in both divorce and property matters. The position in parenting cases is more complex. Some marriages and relationships are affected by Family violence. The Court has been reluctant and slow to take into account the existence and impact of family violence when determining what is “a just and equitable” property division between spouses/partners.
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• Divorce or Annulment of Marriage – What is the Difference – When Will the Court Annul a Marriage
  18/09/2019
  The Family Law Act 1975 (Section 48(1)) provides that for a Divorce Order in relation to marriage shall be made on the grounds that the marriage has broken down irretrievably and this will require the spouses to have been separated for at least 12 months. An order for Divorce made on the basis that there was in existence a valid marriage. That is not the case with annulment of marriage.
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• Who Lost the Money? Who pays for the Loss or Waste of Assets in a Property Division?
  04/09/2019
  The Family Court of Australia/Federal Circuit Court of Australia will divide property on a just and equitable basis and will look at the contributions of each spouse/partner and will also determine whether there is a need for adjustment in favour of one or other of the partner/spouse.
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• Adjustment of Debt in Family Law Property Divisions– Can one party end up with the debts of both parties to the Marriage - Effect on third parties?
  06/08/2019
  The Family Court can order the division of matrimonial property and this can include debts. Section 79 of the Family Law Act 1975 gives the Court power to alter the interests of the parties with respect to the property of the parties to the marriage and this can and usually will require debts to be taken into account.
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• Trusts and Family Law – What is a Trust - When can the assets for Trust be divided?
  25/07/2019
  It is not uncommon in family proceedings that the Court (either Family Court o the Federal Circuit Court of Australia) is required to consider and make a decision (based on the law) in elation to Trust. There are different types of Trusts though the most common will likely be a Discretionary Trust.
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• Same Sex Marriage and Divorce – Where are we now?
  23/07/2019
  On 9 December 2017 the Federal Parliament passed legislation to amend the Marriage Act of 1961. Prior to that date it was not possible for persons of the same sex to marry in Australia. People of the same sex who were in a relationship were regarded as de facto partners and not as married spouses.
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• Can Audio Video Recordings be Used in Court proceedings?
  16/07/2019
  In modern Australia virtually every person uses the internet and has a mobile phone or some other communication device. In Family Law cases it is common for parents to communicate in relation to parenting matters by telephone conversation. What is said by one parent to another or to other persons may be very relevant to the Family Law case. Conversations are evidence that can be used in Court. Parties to Family Law proceedings may try and use recording of private telephone discussions (that they have recorded) in Court.
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• Property Cases – When a Gift Becomes a Loan - When a Loan Becomes a Gift
  03/06/2019
  A recurring issue in Family Law property cases is the characterisation of moneys paid by someone who is not the husband or the wife to the husband and/or wife before or during a marriage. A common example is moneys paid by the parents of one of the parties to a marriage to allow purchase of real estate. In other words, the parents of one of the parties pay moneys to them to help purchase a home.
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• What happens when a party to the proceedings dies?
  27/05/2019
  The Family Law Act provides a procedure for continuation of Family Law proceedings between a husband and wife (or de facto couples) in circumstances where one of the parties dies prior to the conclusion of the proceedings. The continuation of proceedings means exactly that – there has to be a case in the Court commenced prior to the death. Family Law proceedings cannot be commenced after the death of the husband or wife. It is too late to commence proceedings once the death has occurred.
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• Equal Shared Parental Responsibility – What does this mean?
  20/05/2019
  In the early years following the introduction of the Family Law Act in 1975 the Act talked about children in terms of custody and contact with the parent who did not have custody of the children. Section 61DA of the Family Law Act provides that there is a presumption that it is in the best interest of the child that the child’s parents have equal shared parental responsibility for the child. This is a lofty phrase but what does this actual mean?
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• Parties to Property Proceedings – The Husband, The Wife and Who Else? Who can and should intervene in Proceedings? Third Parties in Property Proceedings.
  13/05/2019
  It is generally thought that the parties to Family Law Proceedings would be the husband and wife. This is not always the case as there may be circumstances where a “third party” comes into the proceedings by either: being brought into the proceedings by the husband or wife; or the third party intervening in the proceedings by seeking an order that they be joined to the proceedings as their rights or obligations are likely to be affected or the subject of orders made by the Court.
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• Partners Operating a Small Business –Avoid Appointment of Receiver and Manager
  01/05/2019
  Often one or other partner to a marriage or de facto relationship operates a business either a small business or a larger business. Sometimes one and sometimes both the partners to the relationship are involved in the business.
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• What Happens If You Think You Are Not the Father and You Have Been Paying Child Support
  24/04/2019
  A parent can be paying child support for children by way of informal agreement, pursuant to a Child Support Agreement or because they have been assessed for payment of child support by the Child Support Agency.
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• Family Law in Australia – Time Limitations and Preconditions for Commencement of Proceedings in the Federal Circuit Court of Australia and the Family Court of Australia
  12/03/2019
  The Family Law Act 1975 (Cth) provides that a Court will be able to grant a divorce if there has been an irretrievable breakdown of marriage. There are significant preconditions and timeframes which apply to the commencement of an application for a divorce.
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• Family Court of Australia – Does the Loser Pay Costs in Family Law Matters
  05/03/2019
  Parties to the proceedings in the Family Court of Australia are usually represented by Solicitors. Solicitors charge their client’s fees (costs). Both parties to proceedings will pay their Solicitor’s costs and will also be required to pay the fees for the filing of the Application and in respect of Court events e.g. Hearing fees and Conciliation Conference fees.
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• Valuation of Superannuation for Splitting the Superannuation Benefits between the parties to a marriage or defacto relationship
  09/01/2019
  Since 2002 the Family Court of Australia and the Federal Circuit Court of Australia has had the capacity of making Orders splitting the superannuation entitlements of parties to a marriage (and subsequently) for people in de facto relationships. This allows for flexibility in achieving property division and can achieve a result where the superannuation “poor” party receives a split in his or her favour. That sounds simple but there are pitfalls that can occur if the superannuation split is not documented properly and in accordance with the Regulations.
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• Addbacks to the Property Pool
  06/01/2019
  In the discussion of property and related financial matters, the Family Court and/or the Federal Circuit Court of Australia considers the available pool of net assets (and the value of the net value of assets) at the time of the hearing and other relevant matters.
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• Collaborative Law – The way forward when there are significant Court delays Court or Primary Dispute Resolution
  27/12/2018
  In Family Law property divisions and parenting disputes it is often thought that the only method of resolving these disputes is to commence proceedings in the Family Court of Federal Circuit Court of Australia and get the Judge to decide.
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• Capital Gains Tax in Property/Financial settlement matters – Who Pays the Tax?
  19/12/2018
  The sale of an asset as part of a Family Law property settlement; or an Order of the Family Court of Australia or Federal Circuit Court for sale of an asset can trigger a liability to pay Capital Gains Tax (CGT). It is not the case that the tax is paid by both parties in equal shares.
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• Asset by Asset – Division of Property in the Family Court
  20/11/2018
  The Family Court and Federal Circuit Court apply a process for determining division of property. This process generally involves a pooling (adding together the value of all the property and deducting the liabilities from that value) then based on the net value and all the relevant factors involved in determined the appropriate division of the property by dividing the property and liabilities between the parties.
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• Child Support Agreements – Update – Suspension of Agreements if Care Arrangements Change
  14/11/2018
  On 1 July 2018 the Federal Government introduced new rules in relation to the circumstances in which a Child Support Agreement can be ended. The purpose of the changes is to achieve fairness when there are changes in care arrangements. The obligations created by the operation of a Child Support Agreement can be reviewed if there are changes in the time a parent cares for the children.
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• Family Law Property Division – Valuation of Businesses and Shares
  06/11/2018
  The Family Court and Federal Circuit Court of Australia are empowered to divide property between spouses and partners following breakdown of marriage or de facto relationships. The Court needs to divide property on a just and equitable basis. To achieve this, the Court will need evidence of the value of property it is being asked to divide.
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• Family Law – Bad Decision – What Can You Do – Should An Appeal Be Filed
  02/11/2018
  The Family Court of Australia and the Federal Circuit Court of Australia make Orders in relation to Property and Parenting Applications. Some parties can resolve their dispute by way of negotiation and consent. Consent Orders can be made to the Family Court or Federal Circuit Court.
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• Property Cases - Significance of Initial Contributions on Final Outcome of Property Division
  22/10/2018
  The Full Family Court of Australia recently had the opportunity to consider once again the issue of the significance of financial contributions made by one party at the commencement of the relationship to the outcome of a property division decided by the Court many years later.
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• Achieving Settlement in Circumstances of Overwhelming Opposition
  15/10/2018
  Watson & Watson recently resolved a complicated property matter. The matter was settled at Mediation following a long and hard fought period of litigation between separated spouses.
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• Urgent Interim Parenting Applications - How Does a Court Decide Urgent Parenting Applications?
  09/10/2018
  Parenting Applications are commenced in the Family Court of Australia or the Federal Circuit Court of Australia by the filing of an Initiating Application. In normal circumstances the parties will have attempted dispute resolution before an Application is filed in the Court and if Mediation has failed, the parties will have obtained a s60I Dispute Resolution Certificate.
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• Property Settlement – Who Gets to Live in the House after Separation and for How Long?
  07/09/2018
  What happens to the family home at the time of separation and in the long run is in most cases, the central issue in a Family Law property matter?
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• Family Law Proceedings – What happens when one party does not have mental capacity to act for themselves or instruct Solicitors to act
  30/08/2018
  In most cases, married couples or de facto partners participating in family law property settlement negotiations or proceedings in the Family Court or the Federal Circuit Court of Australia will be able to make decisions on their own behalf and to properly instruct their legal representatives in relation to all matters pertaining to the settlement or conduct of the case. These processes will result in either Consent Orders being approved or the matter being conducted through to a Final Hearing before a Judge.
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• Unilateral Relocation by mother – Bringing the Children Back and Where do they Children Live? – Court orders child to be returned to Father
  13/08/2018
  Watson & Watson act in relation to an Application for Return of Children and an Application to Prevent Unilateral Relocation. Our most recent matter was successfully concluded.
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• Superannuation Splitting – What is it – How does it work
  25/07/2018
  When a marriage or a de facto relationship ends the parties will need to achieve property division. Property includes money in the bank, real estate, shares, investments and superannuation. It is usually the case that the parties will each have superannuation entitlements. The division of superannuation entitlements is important in property division.
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• Adult Children Property Settlement – How long do parents have to support adult children or special needs children
  19/07/2018
  Often during the course of property settlement, it is suggested by one or other of the parties that one way of resolving the matter would be to transfer some of the property available for division between the husband and wife to a child of the marriage or the relationship.
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• Federal Circuit Court of Australia – Urgent Applications – How Quickly Can I Get to Court
  16/07/2018
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• Divorce or Nullity - When will a marriage be declared to be a nullity
  11/07/2018
  The Marriage Act of 1961 (Cth) sets out the law in relation to what is a “valid” marriage.
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• Parenting Orders – Have They Outlived Their Usefulness? Can I Change Final Parenting Orders?
  26/06/2018
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• News Alert Collection of Child Support – Non Payers Stopped at Airport
  19/06/2018
  In cases where there is an Administrative Assessment the Child Support Agency can collect child support from the payor (the person who is required to pay child support) and pay the money collected to the payee (the person who is to receive child support).
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• About to Separate - Practical Steps to Prepare for Separation
  21/05/2018
  Having had decades of experience advising in family law the Senior Lawyers at Watson & Watson have seen the adverse effects of taking action or not taking action. Consideration must be given as to the immediate effect and the long term effect of whatever action you take. Like most things proper consideration and careful planning will assist and lessen the distress and trauma in this very difficult period in one’s life.
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• Case Notes - Procedural Fairness
  16/05/2018
  The Family Court of Australia recently considered an application by a father for an Order seeking to set aside Final Parenting Orders that were made by the Family Court without the father being present in Court or apparently aware of the proceedings.
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• When does a relationship become a de facto relationship? When can a claim for Maintenance or Property Divisions be made?
  16/04/2018
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• Contributions to Property – Who Made Them – The Biggest Contributor may not always be the winner – One must consider the parties needs
  10/04/2018
  In a recent case conducted by Watson & Watson on behalf of the Husband in the Family Court of Australia, the Husband who had less assets and resources than the Wife became the effective winner in the case.
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• Your Last Will and Testament - Is it Affected by Marriage or Divorce?
  27/03/2018
  The effect of marriage or divorce on your Will varies depending on the laws of which State of Australia apply.
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• When will a Court order that the Children Spend Equal Time with Each Parent
  22/03/2018
  In considering what Orders the Court (either the Family Court of Australia or the Federal Circuit Court) will make, the Court considers what is in the children’s best interest. The Court will do this by looking at the following primary (most important) and additional (other) considerations.
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• Child Support - When Does Child Support Stop - Adult Child Maintenance
  20/03/2018
  Since 1989 the Child Support Agency has governed the calculation/assessment of child support in Australia. There are a number of factors which terminate the obligation of a parent to pay child support and these are called “terminating events”. One of the “terminating events” is the child reaching the age of 18 years.
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• Final Settlement – Making sure your Settlement is Final
  12/03/2018
  In cases of a marriage breakdown or separation of de facto couples Watson & Watson take particular care to ensure that a division of property is a final and once and for all settlement. It is essential to ensure that no future claims can be brought against you by a former spouse or partner.
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• Family Law Property Settlements – Is your personal injury or compensation claim safe?
  09/03/2018
  The Family Court can make Orders in a property settlement case where the pool of assets available for division includes money that was awarded in damages to one or other of the parties to the marriage because they suffered a personal injury. It might be presumed that the Family Court would not touch compensation moneys received by a person as a result of an injury that they had suffered. Why would the Court take away my compensation money?
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• Think Before You Post – Social Media Postings and Family Law
  20/02/2018
  In the last few years it has become increasingly common in matters coming before the Family Court of Australia and the Federal Circuit Court of Australia to use social media postings such as Instagram, Facebook and Twitter as evidence; this may be helpful but can also be harmful.
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• What happens – Family Law Proceedings in Different Countries Anti-suit Injunction to Stop Proceedings
  05/02/2018
  Often when married spouses or de facto partners separate numerous issues will arise and in particular, if the parties are living in separate jurisdictions or have assets or interests in separate jurisdictions.
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• Child Support Assessments - When can they be changed?
  31/01/2018
  Since 1989 the Child Support Agency has determined the level of financial support for children who do not reside with both of their parents. When parents are separated, the parent with whom the children are residing may make an application to the Child Support Agency for assessment of the other parent’s obligation for payment of child support. This is an administrative assessment.
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• Urgent Application to the Family Court of Australia – When is a Matter Urgent
  25/01/2018
  The usual procedure for commencing Applications in the Family Court of Australia and the Federal Circuit Court of Australia is to prepare and file an Initiating Application and supporting evidential material. In the normal course the Applications are filed in the Court and the Court will list the matter some 5 or 6 weeks later for directions. After the Application is filed in the Federal Circuit Court or Family Court it is usually served upon the Respondent or other party.
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• Child Support Agreement – Change in Circumstances – recent case – Father’s application to Vary the child support agreement – Preparation required
  10/01/2018
  At Watson & Watson we advise parties in relation to family law matters including property matters and other related matters generally. In many cases there are claims or issues including one or more of property settlement, child support and the time the children spend with each of their parents, future spousal maintenance or support. Generally the matters are settled as a package.
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• Think of the Benefit, the Detriment and the Cost of Extensive Litigation, Debate or Interlocutory Application - Not all debates or applications to the Court are cost efficient
  06/01/2018
  It is often not the time to make serious decisions when you and your partner are affected by such overriding emotions. However it is appropriate to obtain legal advice from experienced Lawyers as to your circumstances, alternatives and options available.
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• Application for Spousal Maintenance - not required to exhaust capital to obtain an order for Spousal Maintenance
  21/12/2017
  Watson & Watson often receive enquiries as to spousal maintenance and whether an application can or should be made for spousal maintenance. Similarly we receive many enquiries as to whether a Spousal Maintenance application should be defended.
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• Binding Financial Agreements - Pre Nuptial Agreements – Are they bulletproof?
  19/12/2017
  In the recent decision of Thorne v Kennedy in November 2017 the High Court of Australia heard an Appeal from a decision of the Full Court of the Family Court of Australia. The Full Court had heard an Appeal from a Single Judge of the Family Court. The High Court decision in November 2017 will have a significant effect on the usefulness of Pre-Nuptial Agreements and Binding Financial Agreements entered into during a marriage or a de facto relationship.
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• Waste or Reckless conduct by one party to a marriage or de facto relationship - Consequences
  04/12/2017
  Often we receive enquiries in relation to waste in family law matters and how it can be minimised. At Watson & Watson we have senior experienced Solicitors who can advise you and consider the cost benefit analysis. Generally if the asset pool is known (as is in most cases) it is relatively easy to provide a range of outcomes that are likely at a hearing.
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• Successful business destroyed by dispute without regard to protection of business – Second Opinion Sought
  29/11/2017
  On many occasions couples have run a successful business together over a period of many years and thereafter their personal relationship breaks down. It is a difficult time especially when both parties have invested many hours of work in the business to achieve the success that it has.
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• Grandparents Rights to see their Grandchildren
  13/11/2017
  Often when there is a breakdown of a marriage or a relationship and there are children to that relationship the parents of the children sometimes do not encourage or even allow the children of the relationship to see their grandparents and more particularly, the parents of the now estranged spouse or partner.
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• Arrears of Child Support – Changes from January 2017 – Payees of Child Support May Now Control the Process and Collection of Arrears of Payment, Payee may claim adjustment in Property Proceedings
  18/10/2017
  The Assessment, payment and collection of Child Support in Australia is covered by the Child Support Assessment Act of 1988.
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• Bankruptcy and Child Support Payments – The Child Support Debt Survives Bankruptcy
  15/10/2017
  The Bankruptcy Act 1966 provides a regime for management of the affairs of someone who becomes a Bankrupt. A person can become a Bankrupt when they cannot pay their debts as and when they fall due. This can be as a result of the presentation of a Creditor’s Petition by one of the entities to whom the debtor owes money or; a Debtor’s Petition filed by the person who is unable to pay his or her debt when it falls due. Both processes result in a person becoming a Bankrupt.
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• Property Division and Settlement – When to settle – Now or Later
  13/10/2017
  At the time the relationships breakdown it may be thought that the property division will be relatively easily achieved and will be amicable. “I only want what is fair”.
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• Consent Orders Set Aside due to Default of Husband in making late Payment not in the Time as per Orders. Husband’s Appeal against decision to set aside Consent Orders Dismissed
  18/09/2017
  The case involved a de facto relationship of approximately 10 years of which 2 children were born. For convenience we refer to the female as the wife and the male as the husband.
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• Limitations on Parties use of Documents Produced under Subpoena
  07/09/2017
  In Family Law proceedings it is not uncommon for documents to be requested under Subpoena by either party from various entities when collating evidence to support a particular aspect of their case.
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• De Facto Relationships – A Sexual Relationship Does Not Always Prove A De Facto Relationship
  01/09/2017
  Since March 2009 property division between parties to a de facto relationship has been dealt with by the Family Court of Australia and the Federal Circuit Court of Australia. This also applies to same sex relationships.
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• Important Distinction between Acceptance of Evidence and the Weight to be Given to the Evidence – Proper Care and Preparation Required
  17/08/2017
  In Courts of First Instance such as the Family Court of Australia or the Federal Circuit Court your case must be prepared to ensure that evidence is available for the Court to have an opportunity to consider the evidence you wish to rely upon so as to come to a decision.
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• What is the most appropriate Country for your Family Law Proceedings to be Determined where there is more than one choice
  15/08/2017
  Often at Watson & Watson we receive enquiries as to whether proceedings should be commenced or transferred to a Court within Australia to deal with Family Court issues. We have had recent cases with alternative jurisdictions in America, New Zealand, India, Spain, France, Qatar and England.
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• Valuation of Assets – At What Date Does the Court Value the Assets
  01/08/2017
  The identification and the valuation of assets (other than minor assets for which an assessment [and hopefully agreement] can be made) and liabilities is a fundamental and necessary step that needs to be achieved in order to put a party (either in a de facto relationship or marriage) to a family law property matter in a position to ascertain the value of the asset pool.
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• Consent Orders dealing with property matters following breakdown of a De Facto relationship or Marriage – Do they survive a rekindling of the Relationship
  25/07/2017
  In a recent case of Waterman in 2017 the Full Court of the Family Court considered this aspect amongst others issues that arose. We have elsewhere dealt with different matters referred to in the Waterman case in particular the effect of the failure of one party to provide full financial disclosure and the disastrous consequences of such failure.
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• Consent Orders of No Use If They Can Be Set Aside
  18/07/2017
  A recent case of Waterman decided by the Full Court of the Family Court in 2017 is a very good example of how the parties to the marriage can end up with very little and the lawyers end up with the greater “slice of the cake”.
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• Foreign Marriage declared invalid by Family Court due to One Party being under Age
  11/07/2017
  In the case of Eldaleh (2016) a Judge of the Family Court of Australia (Family Court) heard an application filed by Mr Eldaleh who was seeking a declaration that his marriage to Ms Eldaleh which took place in the Middle East in 2016, was a valid marriage pursuant to Section 88D of the Marriage Act 1961 (Cth) (the Marriage Act).
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• How does the law define a De Facto Relationship
  04/07/2017
  This is a question that we are often asked by clients intending to enter into or are at the tail end of a de facto relationship and are seeking clarification as to exactly what defines a de facto relationship so that they may understand the legal ramifications of entering into or ending a de facto in particular in relation to property/financial matters.
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• Not all Relationships are De facto Relationships
  30/06/2017
  Often we receive enquiries at Watson & Watson as to whether a relationship amounts to a de facto relationship. The question as to whether a relationship is a de facto relationship under the Family Law Act is one that is determined based on the factual matters and having regard to the factual matters the law is applied to determine whether there is a de facto relation subject to the Family Law Act.
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• Time children spend with each parent – in the child’s best interest
  05/06/2017
  In Family Court cases concerning the children and the time that they spend with each of their parents the Court will consider what is in the best interests of the children and the suitability of each of the parents in relation to parenting.
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• The Children’s Wishes V The Children’s Best Interest – Recent High Court Decision
  31/05/2017
  The High Court in the recent case of Bondelmonte v Bondelmonte (decided in 2017) looked at the question as to the conflicting issues as to the child’s wishes and what is in the best interest of the child.
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• Valuation of Assets – At What Date Does the Court Value the Assets
  29/05/2017
  The valuation of assets and liabilities is a fundamental and necessary step that needs to be achieved in order to put a party to a family law property matter in a position to ascertain the value of the asset pool.
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• Appeal From Parenting Order Where Mother’s Evidence Against Father Not Accepted
  11/05/2017
  In a recent decision by the Full Court of the Family Court (the Full Court) in Bangi and Belov (2017), a father’s appeal against a decision made by the trial Judge was allowed in circumstances where the Full Court decided that the trial Judge had given insufficient consideration to the mother’s conduct toward the child, namely, exposing the child to family violence.
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• Full Court of Family Court upheld decision of Federal Circuit Court of Australia to make no adjustment to property between de facto partners
  05/04/2017
  In a recent case decided in 2016 the Full Court has reviewed the basis for an adjustment between a de facto relationship, and in this particular case a same sex relationship.
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• Appeal against Property Orders in the Family Court allowed. Fresh Evidence not allowed in the Appeal
  29/03/2017
  The Full Family Court has considered a recent decision of the Family Court as to the Application of Section 79 of the Family Law Act and whether the Trial Judge failed to consider relevant Section 75(2) factors resulting in an injustice to the wife.
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