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So far avaldeadmin has created 197 blog entries.

Dealing with tax debt

29 June 2020

The Family Court holds that parties to a marriage (or defacto relationship) should share in the good economic times as well as the bad that occur in their relationship, even if the losses have been caused by the actions of one party. Only where there are ‘good and substantial reasons’ should there be a [...]

The Challenge of a Small Property Pool But Large Super

8 June 2020

The court recently considered a case where the assets of the parties were modest in value. It included vehicles, credit cards, and some personal loans, by contrast, the superannuation of the parties totalled almost $900,000. Of the super amount, the husband had around $780,000 in a ‘defined benefit fund’ and a small ‘accumulation fund’. The [...]

What is a caveat?

1 June 2020

How can you make sure that real estate registered in the other spouse’s name is not sold, transferred or put up as security without your knowledge? Protection may be found in a caveat. A caveat is a document that can be lodged with the Titles Office. Once a caveat is lodged, the owner of [...]

Stop It! Family Law and Social Media

20 April 2020

In family law matters, a spouse’s credibility is important, and the popularity of social media is now proving a shortcut to finding damaging evidence, particularly in children’s parenting cases. As it is often difficult to obtain evidence showing absentee-parenting and behaviour which is not child-focused, the court is increasingly seeing late-night tweets, risque Facebook [...]

Who should supervise contact?

23 March 2020

There are many circumstances which can arise in a matter which mean that one parent must be supervised when 'spending time' with their child. It is interesting to look at supervision options. The court is often faced with weighing up who an appropriate supervisor should be. Should the supervisor be a professional, such as [...]

Child Maintenance Trusts

9 March 2020

The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship. Such a Trust is set up to provide [...]

The ‘How-to’ of DeFacto Property Settlements

24 February 2020

How will our Property be Divided? The Family Law Act sets out how property is divided, for married couples and for defacto couples (who separated after 1 March 2009). What is a DeFacto Relationship A defacto relationship (includes same gender couples) is defined as “the relationship of a couple living together on a genuine [...]

Children don’t do affidavits

10 February 2020

You may wonder why the court in parenting matters does not accept evidence directly from children involved in the dispute. To most parents it would be clear that it would be too damaging to a child to be involved in their parent’s dispute to that degree. However, in a recent parenting matter, one of [...]

Hidden Expenses – CGT

27 January 2020

Property settlement can be a challenging process, which can involve arguments between the parties over contributions, valuations and also whether real estate and businesses should be sold or transferred into one party's name. Once assets have been divided between the parties, the issue can arise as to whether transaction costs in selling the investment [...]

Protecting Superannuation Pending Final Property Settlement

13 January 2020

Significant amendments were made to the Family Law Act in 2002 so that superannuation could be treated as ‘property’ in a property settlement. This allowed separated couples to split superannuation to another spouse as part of a property settlement by a superannuation agreement or court order. Prior to the amendments to the Family Law [...]