Blogs

Does proven family violence impact on family law property settlements?

In its recent review of the Family Law system, the Australian Law Reform Commission (ALRC) received submissions supporting an amendment to the Family Law Act that would clarify how family violence is relevant to property division. In the 1997 case of Kennon, the Full...

Should property be split 50/50 in Australian divorces?

The Australian Law Reform Commission recently published its Review of the Family Law System and made recommendations to simplify and clarify provisions dealing with property settlements under Australian legislation. In New Zealand, the Family Court usually orders that...

Do big earners pay more in Australian divorces?

It is not an uncommon scenario where one party to a marriage, often the Wife, dedicates themselves predominantly to parenting and homemaking duties while the other party develops and advances their career. In circumstances such as this, the party who has developed...

The Rules Of Donor Sperm And The Rights Of The Donor

In 2011, a Melbourne same-sex couple conceived a child after their mutual friend donated his sperm to them. The parties all signed a Sperm Donor Agreement prior to conception but difficulties arose once the child was born and the sperm donor requested to have a...

An Example Of Mental Illness Possibly Affecting Sentencing

The lake tragedy at Wyndham Vale: How mental illness affects sentencing Victorian prosecutors have now sought a High Court appeal of the decision by the Victorian Supreme Court to cut the sentence of a Mother who pleaded guilty to the murders of her children. In April...

Is there dowry abuse in Australia? A Family law problem

In 2012, a 21 year old Chinese woman was beaten to death by her mother-in-law who wanted her son to divorce the woman and marry another woman for a $500,000 dowry. In 2014, an Indian man murdered his wife in front of their young son and later took his own life,...

Matrimonial Losses – Sexually Transmitted Debt

Matrimonial Losses – Sexually Transmitted Debt Matrimonial debt accrued during a marriage is shared by both husband and wife in most cases at the end of a marriage. In a well-known case the Family Court stated that ‘marriage is for most couples an economic...

Post-Separation Contributions in Family Law Property Settlements

Are post-separation contributions included in the asset pool in family law property cases?   The short answer is Yes, post-separation contributions are a monetary contribution type included in the asset pool to be assessed in a property settlement for the...

Is it better to mediate rather than litigate?

In recent times, the Family Court has been criticised for its failure to provide efficient and effective services due to the Government’s lack of funding and failure to legislate to improve its process. The response was to delegate and split the work load with the...

Private School Fees, A Big Child Maintenance Issue

Child Support Private School Fee A parent with a higher level of income will be obligated to pay a percentage of their income to support their children. Typically, financial support for a child is determined by an assessment carried out by the Child Support Agency,...