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Category Archives: Recent Developments

What impact does the new marriage law have on wills?

same sex marriage effect on wills and estate

On 7 December 2017, an applause erupted in the House of Representatives, signalling that Australia has finally caught up to the world in marriage equality.

This is no doubt a fantastic result, and something long overdue. Whilst records of marriages are set to spike in the wake of the bill passing, what does this mean for same sex couples from an estate planning perspective?

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Should you pop the question?

After many twists and turns, same sex marriage is legal in Australia at last, and many couples are excitedly planning their nuptials as a result.

But what many don’t realise is that family law has its own twists and turns for same sex couples – for many involving such things as fertility and donor agreements as well as finances, parenting agreements and more.

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Don’t gamble on the future – act now, without delay

unhappy couple

In most legal matters where negotiations have broken down between parties and issues are unable to be resolved a court is the only body that can resolve the dispute.

In family law matters, we are directed to the Family Court of Australia or the Federal Circuit Court of Australia (the Court). It is no secret that the Court is burdened by delay and it is not uncommon for parties to wait up to three years for their matter to be determined by a judge.

There are however a number of things you can do in order to avoid the delay and the unnecessary expense that comes with Court proceedings.

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Social media is the new permanent record

family law & social media

2017 has seen a number of high profile media personalities separate from their husbands and wives. Whilst the circumstances behind their separation are the subject of many Daily Mail and Daily Telegraph stories, certain media outlets are now starting to report on the settlements each have come to having regard to their children and property.

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Recent Developments In Family Law: Children’s Views In Parenting Matters

Children's views in family law

 

Bondelmonte & Bondelmonte & Anor [2017] HCA 8

This matter was originally heard by Justice Watts in the Family Court of Australia. The father, who was dissatisfied with His Honour’s decision, appealed it to the Full Court of the Family Court of Australia. His appeal to this Court was dismissed. The father subsequently appealed to the High Court of Australia, and he was granted permission for the appeal to be heard.

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Recent Developments in Family Law: De Facto Property Settlement

de facto property settlement

Chancellor & McCoy [2016] FCCA 53 (25 January 2016)

This matter was heard by Judge Turner in the Brisbane Registry of the Federal Circuit Court of Australia. This is a very interesting case where the court delivered a very clear and concise judgement in relation to when and how the court can make an order for a de facto property settlement.

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