Welcome Chloe and Jordan
27
September 2023
Coercive control and access to children
18
September 2023
Coercive control is an insidious form of domestic violence and is often a precursor to serious physical violence. In a recent case, (Carter & Wilson), a trial judge found that a mother was guilty of using coercive control in preventing her child from seeing his father. However, on appeal that decision was reversed. To [...]
Are my psychologist’s notes confidential?
11
September 2023
We’re all used to the concept of doctor/patient confidentiality, but in some cases, notes from a psychologist can be used during family law proceedings. A subpoena must be issued for the notes, and if the psychologist complies, those documents will be made available to everyone involved in the case. Sometimes either the psychologist, or [...]
Can the Family Courts determine polyamorous relationships?
11
September 2023
As family lawyers we advise clients after the breakdown of their marriages and de facto relationships, whether they are heterosexual or same-sex relationships. There are also partnerships called “polyamorous relationships” which have very recently come under scrutiny by the Family Courts. A polyamorous relationship is defined as having a romantic relationship with more than [...]
Quick tips – practical tips to surviving separation
11
September 2023
So, you and your spouse have decided to separate – what comes next? The first thing you should do is make a plan, even if the split is amicable. Here’s our “quick tips” on what to do if you have just separated. Start a diary. Take notes and keep everything that happens between the [...]
What is Family Dispute Resolution?
4
September 2023
The Federal Circuit and Family Court of Australia has the power to order you to attend a Family Dispute Resolution (FDR) conference. This helps people come to an agreement about parenting arrangements in a respectful manner. Anything that happens during a court-based FDR conference is confidential, unless threats of harm are made to anyone [...]
TPD pensions – part of the property pool or not?
23
August 2023
Total and Permanent Disability (TPD) pensions are part and parcel of most superannuation packages. But in the event of separation and divorce, are those TPD pensions included in the property pool? A TPD pension provides a safety net for people who can no longer work due to a disability or injury which occurs during [...]
A digital divorce
19
August 2023
We’re living in a digital age and dividing up the cryptocurrency is becoming increasingly relevant to divorce proceedings and property settlements. Firstly, what is cryptocurrency? Essentially, it’s a digital form of money that can be transferred electronically from one person to another, via a “wallet” or online exchange. Cryptocurrency exchange is traced by a [...]
Divorce and the rental crisis – how it could affect you
19
August 2023
Australia’s rental crisis is having an impact on families and family law cases. With the cost of rent rising beyond wage increases, and the diminishing number of properties available to rent, more families are feeling the pressure and for many separating couples that pressure is even more acute. For single parents, 82 per cent [...]
Capital gains tax and property settlement – dot your i’s and cross your t’s
18
August 2023
Separation and divorce are already a taxing time, but when it comes to property settlement, don’t forget to include just that – tax considerations. When negotiating a property settlement with your ex-partner, it is important to consider any potential Capital Gains Tax (CGT) concerns. CGT refers to the tax payable on the profit – [...]