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.

• Contributions and Adjustments in Property Cases - When will the Court Help Someone who is Disadvantaged?
  12/04/2021
  The concept that when a husband and wife separate or a de facto relationship ends all their property will be divided between them “down the middle” or “50/50” is not how family law in Australia operates. An equal division of property can be agreed between the husband and the wife or de facto partners and documented by approval by the Family Court of Australia or Federal Circuit Court of Consent Orders or in a Binding Financial Agreement. Sometimes there are divisions of property “down the middle” but most often, there will be a division that is not an equal split. The Family Court/Federal Circuit Court will take into account what contributions were made by each party and can make adjustments.
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• Beware of the time in which you must commence proceedings Commencing Application for Property Division Out of Time – Demonstrating Hardship
  05/04/2021
  The Family Law Act 1975 imposes time limits for the commencement of proceedings for property division and spousal maintenance. These time limits are known as “Limitations Periods”. The Family Court of Australia/Federal Circuit Court of Australia do not allow commencement of proceedings at any time a person may wish to commence proceedings. The Limitation Periods apply in both the Family Court of Australia and the Federal Circuit Court of Australia however the Limitation Periods in some respects are different for each Court. The failure to commence an Application in the Family Court/Federal Circuit Court before the Limitation Period expires can mean that an Application cannot be filed or processed in the Courts or if filed will not be determined by the Court unless the Court grants leave to the party to proceed. The Court will require proof of appropriate grounds before granting leave to proceed. If proceedings are commenced outside the Limitation Period, the Courts permission (Leave) must be obtained.
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• Making Sure your Children’s Best Interests are Protected – Making Sure each Child has a Relationship with each Parent – Our Recent Cases
  30/03/2021
  In two recent cases Watson & Watson Lawyers have resolved parenting disputes on behalf of the father of the children. One case was heard in the Family Court of Australia and the other was settled after a Mediation. In each case, unfair parenting arrangements (that were not in the best interests of the children) were overcome and proper parenting Orders were made and approved by the Family Court of Australia. In each case, the children were being prevented from seeing, communicating and spending time with one of their parents.
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• Family Law Overturning Orders in the Family Court - Can I Appeal if the Case Goes Wrong?
  23/03/2021
  What is an Appeal? An Appeal is a procedure which enables a party to Court proceedings to challenge a Decision made by a Court. Appeals can be made in relation to the Decisions of a Judge of the Family Court of Australia or a Judge of the Federal Circuit Court of Australia. Which Court will hear the Appeal will differ depending on what Court made the Decision or made the Order that is challenged.
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• Coming Out Ahead – “Winning” the Property Division
  08/03/2021
  Watson & Watson Lawyers have again successfully concluded a hard fought and factually complex property case on behalf of the husband. The wife commenced the process for property division and at the time of commencement the husband was not legally represented. The Lawyers acting for the wife had sent to the husband a letter proposing a property division on a basis that was favourable to the wife and unfavourable to the husband. The letter was aggressive and the husband interpreted the letter as putting him in a position where he had no option but to accept the offer.
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• Who Pays the Costs in Family Law? Can I Get the Other Party to Pay my Legal Costs?
  02/03/2021
  The legal costs of the parties in family law proceedings can be very significant and may need to be paid over an extensive period of time. Costs will be incurred in property matters and in parenting proceedings. It is not always the case that both parties to the proceedings have an equal ability to pay their legal costs. In many cases one party may have a superior financial income and can meet their costs while the other has a lower or no income and cannot meet their costs. This disparity can affect the manner in which proceedings are conducted and result in situations where there is procedural unfairness.
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• Getting a Divorce – Do I Have to be Separated and How Do I Separate
  22/02/2021
  Divorce law in Australia is governed entirely by the Family Law Act 1975. A Divorce Order is an Order made by the Family Court of Australia or Federal Circuit Court of Australia ending the marriage between two people.
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• Order for Divorce or Declaration of Nullity of Marriage – What is the Difference?
  15/02/2021
  There are certain situations where a successful Application could be made to the Family Court or Federal Circuit Court of Australia for a Decree of Nullity of a Marriage. There are other cases where the Application to the Family Court (or the Federal Circuit Court of Australia) will be for an order for Divorce and not for an annulment of marriage. An Application for Divorce and an Application for Nullity are not identical. The Court will not make a Declaration of Nullity if there is a valid marriage. If there is a valid marriage the appropriate Application to be made to the Court, is an Application for Divorce.
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• Caveats and Family Law
  08/02/2021
  In New South Wales and all other States of Australia there is legislation which provides a procedure for a person who has an interest in real estate to protect that interest. The need to protect your interest usually arises when a person is not the Registered Owner of the land but their spouse or partner is the Registered Owner.
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• I am a Grandparent – I am Not Getting Time to Spend with my Grandchildren now that their Parents are Separated
  01/02/2021
  The Family Law Act provides that children should receive adequate and proper parenting so as to help them to achieve their full potential and to ensure the child’s parents fulfil their duties and meet their responsibilities for the care, welfare and development of the child. One of the principles underlying this is to ensure that the children have contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development.
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• Setting Aside/Re-opening Property Settlement - New Evidence - Failure to Disclose Assets
  25/01/2021
  A property settlement between husband and wife or de facto partners will usually be documented by a Court Order or a Binding Financial Agreement.
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• Short Marriages – Do You Come Out With What You Put In? Getting the Benefit of Your Contributions
  19/01/2021
  Watson & Watson recently successfully concluded a property dispute between two previously married people who both came into the marriage with significant assets - Watson & Watson acted on behalf of the husband.
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• Complex Property Cases – The Husband, The Wife, The Company Liquidator and The Trustee in Bankruptcy
  07/12/2020
  Most people would think that in the Family Court or Federal Circuit Court the parties to a property case would be between the husband and the wife. This is not always the case. The structure and nature of the assets that constitutes the property pool can be complex. The nature and structure of assets and/or liabilities may mean that other persons or entities become involved in the case.
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• Protecting Your Inheritance – How Does the Family Court Take into Account an Inheritance Received in Circumstances Where the Parties Have Separated and One Party Receives an Inheritance?
  30/11/2020
  An issue that arises regularly in Family Law Property matters is how the receipt of an inheritance received by one party to a marriage will be treated in a property settlement. An inheritance may be an actual inheritance because there has been a death and money has actually been received. There could be a prospect or expectation of an inheritance, a chance of receiving an asset in the future. Should an asset not yet received but anticipated be taken into account? This will be in the case where a Will has been drawn up which makes a gift to a beneficiary.
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• Property Disputes - When can I change the locks?
  23/11/2020
  In some family law matters one party will leave the matrimonial home and set up residence somewhere else voluntarily. The party remaining has the benefit of remaining in the home. In other cases there may be a refusal or unwillingness to relocate. There may be financial difficulties in funding relocation.
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• Property Settlement - Protect your Interest in Real Estate from a Co-Owner – Early Action may Protect your Interest and Protect your Case
  12/10/2020
  In Australia there can be possibly more than one owner of a single parcel of land, a house or an apartment. The Registered Proprietors are the recorded owners. Sometimes the registered owner can be a trustee of a Trust of which there are beneficiaries.
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• Property Division – At what date will the Court look at the value of the property – Separation or at hearing?
  06/10/2020
  In Family Law property cases when the Family Court or Federal Circuit Court comes to look at how property should be divided, the Court will need to know the value of all property. Questions arise as to what date should the property be valued – the value at separation or a later date. What is the Court’s approach in valuing assets (and liabilities) and determining the date at which the valuation may be complex?
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• What Happens when your Relationship ends? Property Settlements Between De Facto Partners
  28/09/2020
  As and from 1 March 2009 the division of property between de facto partners (and this includes same sex partners) is dealt with pursuant to the Family Law Act 1975 (Cth). Virtually the same principles apply as to married couples. Prior to that date property disputes between de facto partners and same sex partners were determined in the District Court or the Supreme Court of New South Wales.
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• Dealing with the implications of liability to pay capital gains tax on Assets and how that liability is to be paid as between the Husband and Wife?
  21/09/2020
  Watson & Watson acted for the husband in a property division case following a separation after a long marriage. The husband had received significant inheritances during the marriage and had been the primary wage earner. The wife had been the primary carer for the children who were by the time of the case, adult children.
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• Recent Decisions - Property – How will a Court take into account the proceeds of a personal injury compensation payment - How will the Court regard gambling by the husband or the wife?
  08/09/2020
  In the case of Manion v Manion (2) the Federal Circuit Court of Australia had to determine the division of assets between the husband and the wife where cohabitation commenced in 1988 and ended in or around 2015 such a period is considered by the Court to be a long marriage. By the time the matter came to hearing the asset pool was modest and consisted of an apartment in Queensland and money.
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• Deceased Estates – Can my Ex-Spouse or Partner Make a Claim on My Estate?
  24/08/2020
  Successfully obtaining a Divorce and achieving and documenting your property settlement does not prevent a claim being made against the Estate of a deceased person by their former spouse.
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• Federal Circuit Court of Australia – Recent Changes to Conduct of Property Proceedings – Priority Property Pools Under $500,000 – Costs Efficient Procedures
  17/08/2020
  During the course of 2020 the Federal Circuit Court of Australia has taken two initiatives to streamline the manner in which it conducts and concludes property proceedings. The aim of the initiative is to reduce costs and the complexity of the conduct of financial cases to and increase the speed and reduce the time in which cases are finalised.
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• Expert Evidence of No Use if it is Not Admissible to be accepted by the Court
  10/08/2020
  The Family Court of Australia or Federal Circuit Court in dealing with property issues will come to a decision and make appropriate Orders for the division of the assets between the parties.
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• Family Court of Australia Supports Alternative Dispute Resolution – Introduction of Arbitrations and National Arbitration List
  04/08/2020
  Alternative methods of resolving Family Law disputes such as Mediation and Collaborative Practice are discussed on the Watson & Watson website. Arbitration is another alternative to pursuing a case in the Family Court from the beginning to the end. Judicial resolution of cases takes significant time, incurs significant costs and there are long delays for all parties involved in cases being heard before the Family Courts. These factors have resulted in people looking towards alternative dispute resolution methods.
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• How Bankruptcy can affect the conduct and outcome of family law proceedings
  27/07/2020
  The Bankruptcy Act (Cth) 1966 sets out the law of bankruptcy in Australia. A person can become a bankrupt if they are unable to pay their debts as and when they fall due. A person may become a bankrupt because a creditor has served a Bankruptcy Notice and then filed and pursued a Petition for Bankruptcy in the Federal Court. A person can also present a Debtors Petition to the Insolvency in Trustee Service of Australia and become a bankrupt on their own application.
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• Capital Gains Tax – Who has to pay the Tax?
  20/07/2020
  Capital Gains Tax is a tax payable on a capital gain. If a person sells a capital asset such as real estate or shares they will usually make a capital gain or a capital loss. This is the difference between what it cost you to acquire the asset and what was received on the sale of assets.
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• Will the Family Court Look at Initial Contributions of a Party – Assets Brought by one Party into the Marriage?
  13/07/2020
  If a party brings real property or other significant assets into the marriage it is considered to be a very important contribution. Property bought into a marriage is called an initial contribution. The disparity in the comparable initial contributions by each party will be diminished by the length of the marriage or relationship or de facto relationship. In other words, the significance of the initial contributions to the outcome of property division after a lengthy marriage or de facto relationship will be less significant the longer the marriage or de facto relationship. The Family Court or Federal Circuit Court will not “reimburse” a party for the value of the assets that they brought in and then divide everything else. The Family Court or Federal Circuit Court will look at indirect contributions, contributions made during the relationship and post separation contributions. The decided cases show that the Court will balance contributions.
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• When can a Property Settlement be reopened? Can Court Orders be set aside? Are Binding Financial Agreements Bullet Proof?
  06/07/2020
  Section 81 of the Family Law Act 1975 requires a Court that is determining a property claim that it make such orders, as will finally determine the financial relationship between the parties to the marriage and avoid further proceedings between them. In other words a property division should be full and final. Any settlement reached needs to be properly documented to protect each party and to avoid future claims being made.
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• The Matrimonial Home – Who Gets to Stay After Separation?
  29/06/2020
  The issue of who should leave and who should stay in the matrimonial home when the parties separate is a major and early decision. The long term consequences of the decision can influence who ultimately retains the matrimonial home on a final basis and changes the standard of living for the other. Some people can resolve the issue of who stays and who goes between themselves. Some people remain under one roof but separate within the household.
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• The Duty to make full and frank Financial Disclosure – This is Fundamental in for Family Law Property Cases
  22/06/2020
  A fundamental basis of property cases in the Family Court of Australia and Federal Circuit Court is the duty of disclosure. Parties in family law financial cases have a duty to disclose to the other party and to the Family Court or Federal Circuit Court particular financial information, which is relevant to an issue in their case and which is relevant to their financial position generally.
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• What is Spousal Maintenance? When will I be Entitled to Spousal Maintenance and How Much Will I Be Paid?
  15/06/2020
  Separation will usually change the capacity of each party to a marriage or de facto relationship to support themselves and their children. A lower income (or no income) will cause financial problems. One income earner may earn more than the other and the need for financial assistance can arise. Sometimes this need can be immediate and urgent.
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• Parenting Orders in times of Coronavirus – What if I Cannot Obey a Parenting Order?
  08/06/2020
  The current Coronavirus pandemic has had a dramatic and immediate effect on our way of life. Many people have in place parenting arrangements which may not be able to proceed and may make compliance with Court Order difficult or impossible to be carried out as they previously had. The new reality with Court Orders: When a Parenting Order has been made each person affected by the Order must comply with the Order. If the Orders are not being complied you should seek legal advice.
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• 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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