The Family Flyer is a free community service by Michael Lynch Family Lawyers. The publication is designed to be informative and topical and to assist you in understanding the ever-changing field of Family Law.
This edition includes:
FREE Seminar - "A Guide to Family Law" - 6 September 2006
We are holding a FREE public Seminar entitled "A Guide to Family Law - Everyday Answers". The Seminar will be presented by Accredited Family Law Specialist, Michael Lynch and will include up-to-date information on the new Shared Parenting legislation and the changes to Child Support (that commenced on 1 July, 2006).
The Seminar will be held from 6.00pm - 7.00pm Wednesday, 6 September, 2006 at Windsor Bowls Club, 69 Blackmore Street, Windsor. Places are limited. For further information please visit our website at www.michaellynchfamilylawyers.com.au. Feel free to tell anyone you know who may be interested.
To register telephone Michelle (07) 3221 4300 or email firstname.lastname@example.org.
Setting aside a Property Settlement Court Order
There is no time limit for making an Application to "set aside" a previous property settlement Court Order.
Applications to set aside property settlement Court Orders must be considered carefully however as the scope within which to bring such an Application is limited.
A drop in house value after Court Hearing
The Full Court of the Family Court has recently had to consider a case where a Trial Judge Ordered that the Husband make a cash payment to the Wife, based upon the parties agreed value for the matrimonial home.
Following the making of the Court Order the parties sold the house, it sold for $100,000 less than the value that had been agreed at the Final Hearing.
One aspect of the Husband's Appeal was that the Court Order should have provided a percentage division of sale proceeds, to accommodate any fluctuation in sale price.
The Full Court agreed that the justice of the case required that the property division should be made by a percentage division rather than the fixed cash amount, as to ignore the reality of the reduced sale price would allow one of the parties to receive more than their fair share of the asset pool at the expense of the other.
Contravention of a Court Order - What is a reasonable excuse?
If a Court decides that a person has failed to comply with a Court Order, it will consider whether the person had a reasonable excuse for contravening the Order. Some examples of reasonable excuses that may satisfy a Court include:
Penalties for failing to comply with a Parenting Order
A Court can only penalise someone for failing to comply with a Parenting Order if another person files a Contravention Application alleging the person did not comply with the Order.
If a Court finds that one of the parties has failed to comply with a Parenting Order without "reasonable excuse", it may impose a penalty. Depending on the particulars of the case and the type of Contravention, a Court may:
A Court may also make a further Order that changes, varies or suspends the Order or renews some or all of an earlier Order or adjourns the case to allow a person to apply for a further Order that alters the Parenting Order.
Child Support - Variation of Agreement
A Father has successfully reduced the amount of child support he pays for 2 children because his employment prospects have changed since a Child Support Agreement was made.
The facts were:
The Court Ordered that:
If you know anyone who might like to receive the Family Flyer forward the Flyer by clicking on the link below.
If you need assistance with a Family or Relationship Law matter call us on (07) 3221 4300 or visit us at www.michaellynchfamilylawyers.com.au.
Michael Lynch Family Lawyers
* Queensland Law Society
Accredited Family Law Specialists
Telephone: 07 3221 4300
Facsimile: 07 3221 9454
Address: Level 6
193 North Quay
Brisbane Qld 4000
Post: PO Box 12027
George St, Brisbane Qld 4003
This document contains general comments only and should not be relied upon as specific legal advice. Readers should contact this Office for detailed information or advice on any topic in this document. Changes to the law occur regularly, no responsibility for any loss or damage caused to any person acting in reliance on this document shall be accepted by the Principal of this Office. No part of this document may be included on any document, circular or statement without our written approval.
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