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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.
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27/09/2021The Family Court of Australia and the Federal Circuit Court of Australia have power to make parenting orders. Parenting Orders can cover many aspects of a child’s life but will most often include Orders in relation to where the children live and how and when they spend time with each parent. The children’s wishes as to where they want to live and when and how they spend time with the other parent may be different to what the Court Orders require.Read Full Article
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20/09/2021The wife approached Watson & Watson Lawyers as she had been unhappy with the outcome of the property division from the time the Orders were made. The Orders had been made 5 years earlier after both the wife and the husband filed an Application for Consent Orders in the Family Court of Australia.Read Full Article
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13/09/2021Watson & Watson Lawyers act for parents in parenting cases. The failure to comply with Orders by one of the parents can require enforcement of Parenting Orders. The most common circumstance where parenting orders are not complied with is where one parent prevents or fails to facilitate the children spending time with the other parent.Read Full Article
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06/09/2021Watson & Watson Lawyers acted for the wife in a case where after a long marriage the parties had ended up having very little in the way of assets at the time when the marriage broke down. All that was left was the superannuation. The wife sought advice from Watson & Watson in relation to her entitlements.Read Full Article
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30/08/2021Watson & Watson Lawyers have experience in dealing with issues arising out of the breakdown of same sex relationships and same sex marriages.Read Full Article
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18/08/2021A Binding Financial Agreement is a private agreement entered into by two people who are parties to a relationship. When these Agreements are entered into before a marriage (or a de facto relationship) they are often called Pre-Nuptial Agreements. In Australian they are Binding Financial Agreements. The Family Law Act 1975 sets out the law in relation to how these Agreements can be effective and binding and how they can be set aside.Read Full Article
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11/08/2021Watson & Watson Lawyers regularly act in parent child support cases. This can involve making applications to the Federal Circuit Court to obtain Orders departing from (changing) a child Support Assessment or seeking a review of a Child Support Assessment through the Child Support Agency of Australia.Read Full Article
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31/07/2021Watson & Watson Lawyers act for parents in relation to Applications for Parenting Orders. In a recent case, Watson & Watson acted for a mother who wished to relocate with the child from NSW to another State. The father of the child opposed the relocation and said that if the child lived in another State, the child would not be able to spend time with him. The Family Court of Australia had already made parenting Orders.Read Full Article
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29/07/2021Watson & Watson Lawyers acted for the Trustee in Bankruptcy of a party to property division proceedings in the Family Court of Australia. The Trustee appointed Watson & Watson following work carried out in Bankruptcy proceedings in the Federal Court of Australia.Read Full Article
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21/07/2021In some families, a parent’s mental health can cause complex and long term issues that impact the family and particularly the children. The safety and wellbeing of children may require intervention by a Court. Having a mental illness does not automatically or permanently prevent a parent from having a relationship with their child.Read Full Article
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19/07/2021Watson & Watson Lawyers have successfully concluded a property division case on behalf of the Wife. It was a case where the Husband had commenced proceedings in the Supreme Court of New South Wales against the de facto Wife where the resultant order would be more favourable to the Husband. The Husband wanted each of the Wife and Husband to sell their home and each of the Husband and Wife to receive 50% of the net enquiry in the home after payment of the mortgage. The Husband made his claim under Section 66G of the Conveyancing (NSW) 1919.Read Full Article
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12/07/2021Watson & Watson Lawyers has successfully settled a property division case on behalf of the husband. At the time he sought advice the husband’s position did not appear to be strong. The Wife’s case appeared to be strong and if the wife had been successful the husband would have received very little on the division of property.Read Full Article
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02/07/2021When the Family Court of Australia or Federal Circuit Court of Australia is asked to hear and determine an application to divide assets and liabilities between separated spouses, they will consider who made the contributions to the acquisition, maintenance and improvement of property.Read Full Article
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26/06/2021When married or de facto couples separate they will want to divide matrimonial property and have their own separate assets. Problems will arise in circumstances where after separation (but before property division) one of them dies. What happens then?Read Full Article
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14/06/2021The Family Court of Australia and the Federal Circuit Court of Australia operate in accordance with the provisions of the Family Law Act 1975. In property division cases the Family Court and Federal Circuit Court balances the interests of the parties to the proceedings. The Courts also take into account the interests of third parties such as creditors or a Trustee in Bankruptcy of one of the parties.Read Full Article
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07/06/2021In order to apply for and obtain a divorce in Australia the parties to a marriage need to have been separated for 12 months. After they have been separated for 12 months, a Divorce Application can be filed in the Federal Circuit Court of Australia. There is no requirement to register the date of separation. The Divorce Application cannot be filed before the 12 month period of separation has been achieved. If it is filed early the Federal Circuit Court will dismiss the Application.Read Full Article
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02/06/2021There have been many changes in recent years to the family law system in Australia and the Family Court of Australia and Federal Circuit Court of Australia are being merged. Despite the changes and innovations, the reality is that there are significant and unacceptable delays between the time of commencement of proceedings and the Final Hearing before a Judge. The delay is now in most cases over 3 years.Read Full Article
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26/05/2021The Family Law Act 1975 provides (Section 72) that a party to a marriage is liable to maintain the other party to the marriage to the extent that a party is reasonably able to do so but only if the other party is unable to support himself or herself by reason of:Read Full Article
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12/04/2021The 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.Read Full Article
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05/04/2021The 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.Read Full Article
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30/03/2021In 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.Read Full Article
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23/03/2021What 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.Read Full Article
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08/03/2021Watson & 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.Read Full Article
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02/03/2021The 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.Read Full Article
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22/02/2021Divorce 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.Read Full Article
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15/02/2021There 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.Read Full Article
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08/02/2021In 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.Read Full Article
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01/02/2021The 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.Read Full Article
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25/01/2021A property settlement between husband and wife or de facto partners will usually be documented by a Court Order or a Binding Financial Agreement.Read Full Article
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19/01/2021Watson & 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.Read Full Article
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Complex Property Cases – The Husband, The Wife, The Company Liquidator and The Trustee in Bankruptcy07/12/2020Most 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.Read Full Article
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30/11/2020An 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.Read Full Article
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23/11/2020In 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.Read Full Article
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12/10/2020In 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.Read Full Article
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06/10/2020In 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?Read Full Article
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28/09/2020As 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.Read Full Article
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21/09/2020Watson & 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.Read Full Article
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08/09/2020In 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.Read Full Article
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24/08/2020Successfully 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.Read Full Article
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17/08/2020During 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.Read Full Article
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10/08/2020The 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.Read Full Article
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04/08/2020Alternative 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.Read Full Article
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27/07/2020The 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.Read Full Article
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20/07/2020Capital 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.Read Full Article
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13/07/2020If 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.Read Full Article
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06/07/2020Section 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.Read Full Article
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29/06/2020The 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.Read Full Article
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22/06/2020A 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.Read Full Article
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15/06/2020Separation 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.Read Full Article
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08/06/2020The 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.Read Full Article
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01/06/2020Some 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.Read Full Article
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25/05/2020If 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.Read Full Article
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18/05/2020Watson & 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.Read Full Article
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13/05/2020The 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.Read Full Article
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11/05/2020The Family Court of Australia and Federal Circuit Court of Australia decide cases based on evidence.Read Full Article
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04/05/2020The 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.Read Full Article
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27/04/2020Separating 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.Read Full Article
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21/04/2020Parenting 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.Read Full Article
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15/04/2020Watson & 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.Read Full Article
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06/04/2020The 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.Read Full Article
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05/04/2020The 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.Read Full Article
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30/03/2020A 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.Read Full Article
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23/03/2020The 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.Read Full Article
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18/03/2020The 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?Read Full Article
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06/03/2020The 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.Read Full Article
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18/02/2020In 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.Read Full Article
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10/02/2020It 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.Read Full Article
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03/02/2020The 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.Read Full Article
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28/01/2020In 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.Read Full Case Study
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20/01/2020In 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.Read Full Article
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19/11/2019In 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.Read Full Article
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12/11/2019Parenting 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.Read Full Article
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16/10/2019The 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.Read Full Case Study
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08/10/2019Deciding 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.Read Full Case Study
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02/10/2019The 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.Read Full Article
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25/09/2019The 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.Read Full Article
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18/09/2019The 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.Read Full Article
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04/09/2019The 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.Read Full Article
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06/08/2019The 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.Read Full Article
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25/07/2019It 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.Read Full Article
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23/07/2019On 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.Read Full Article
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16/07/2019In 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.Read Full Article
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03/06/2019A 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.Read Full Article
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27/05/2019The 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.Read Full Article
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20/05/2019In 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?Read Full Article
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13/05/2019It 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.Read Full Article
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01/05/2019Often 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.Read Full Article
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24/04/2019A 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.Read Full Article
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12/03/2019The 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.Read Full Article
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05/03/2019Parties 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.Read Full Article
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09/01/2019Since 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.Read Full Article
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06/01/2019In 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.Read Full Article
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27/12/2018In 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.Read Full Article
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19/12/2018The 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.Read Full Article
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20/11/2018The 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.Read Full Article
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14/11/2018On 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.Read Full Article
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06/11/2018The 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.Read Full Article
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02/11/2018The 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.Read Full Article
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22/10/2018The 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.Read Full Article
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15/10/2018Watson & 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.Read Full Case Study
