Insights & News

FAMILY LAW PE Family Law FAMILY LAW PE Family Law

Digital and Crypto Assets in Family Law Settlements

The emergence of crypto technology has led to a new digitally driven, decentralised asset class that has caught the attention of both experienced and novel investors. As crypto-assets gain in popularity, the issue of identifying, valuing and dividing that property in the context of family law proceedings has become more important than ever.

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FAMILY LAW Gabriella Khoury FAMILY LAW Gabriella Khoury

To maintain or not to maintain – the duty of step-parents to provide financial support

The nuclear family has evolved over the years and now no longer comprises of just Mum, Dad and two kids. More and more we see blended families forming. In some situations one person may bear the financial burden for that whole family, including his or her non-biological child or children. But when these families then break down who bears the financial responsibility for the children?

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FAMILY LAW Marco Bianchino FAMILY LAW Marco Bianchino

Arbitration: The Other New Normal

Arbitration has been an option for resolving family law disputes for a number of years now, but so far the uptake has been slow. Amidst the many changes to our lives and legal system during the COVID-19 pandemic was the introduction of the ‘National Arbitration List’ in the Family Court of Australia and Federal Circuit Court of Australia.

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FAMILY LAW, PRENUPTIALS Heidi Menkes FAMILY LAW, PRENUPTIALS Heidi Menkes

Lending For Love (Not Money)

In times where adult children are living at home longer, it has become more common for them to borrow from the 'Bank of Mum and Dad' to get a foot in the door of the property market. But what happens when those adult children separate from their partner, and mum and dad want their money back?

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FAMILY LAW, PRENUPTIALS Louise Carter FAMILY LAW, PRENUPTIALS Louise Carter

Safe As Houses

The economic instability caused by the Covid-19 global pandemic is starting to impact Australian home values, especially those in capital cities. What happens when separating parties have already agreed on the sale of a property as part of a family law settlement? Does the changing financial landscape provide scope for parties to overturn previous agreements?

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FAMILY LAW PE Family Law FAMILY LAW PE Family Law

Did the High Court finally decide that a sperm donor is a legal parent?

The case has left open what level of parenting one will need to show before a sperm donor will be elevated to the status of a parent. At the same time the case gives reassurance to a donor like Robert that the other parent cannot unilaterally decide to take the child away from them at a whim; ensuring the best interests of the child remain overriding.

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FAMILY LAW, PARENTING PE Family Law FAMILY LAW, PARENTING PE Family Law

De-filing

Many a parent has said to a child from time to time "I am doing this for your own good even if you don't like it". An unusual recent case featured a judge saying the same thing to a litigant. 

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FAMILY LAW PE Family Law FAMILY LAW PE Family Law

Six Impossible Things Before Breakfast

One of the things our clients frequently ask is "how do I prove I'm telling the truth?"  In almost all family law issues that a judge has to decide, "proof" means evidence that demonstrates what our client needs to show on the balance of probability, that is, whether the fact in issue is more likely than not to be true.

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FAMILY LAW PE Family Law FAMILY LAW PE Family Law

Cost of Costs

In the very recent case of Simic v Norton Justice Benjamin in the Family Court of Australia harshly criticised the amount of money charged by the lawyers in a case he decided.

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