When someone dies without a will - applications for letters of administration
Lucy’s father died some years ago and her mother, Esther died late last year. Lucy has an older sister who lives overseas and a younger brother. After searching Esther’s house high and low and contacting Esther’s lawyers, Lucy was unable to find any will made by her mother. Esther had a house in Petersham, two bank accounts, a superannuation fund, a car and various personal effects. When Esther died she had a modest credit card debt as well as some outstanding utility bills.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Jan 30, 2012
Stamp Duty Exemption on a Property Transfer
Parties may also be entitled to a stamp duty exemption if the Court makes Orders requiring a transfer of property.
Practice Areas: Children & Parenting Arrangements, De Facto Relationships, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Jan 26, 2012
Euthanasia, Murder and Inheritance: can those who bring about the death inherit from the estate of the deceased?
As Australia’s population rapidly ages euthanasia is becoming an ever more pressing issue. Some people who advocate euthanasia are already at a stage in their illness where they require assistance to take the own lives. This puts any person assisting to bring about the death who is also a beneficiary of the estate in a difficult legal position. Not only do they risk criminal prosecution but it can affect their position as a beneficiary of the estate of the person wishing to die.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Jan 20, 2012
Recovering School Fees From Defaulting Parents
For any school, recovering unpaid school fees can be difficult task.
Practice Areas: Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article
Date: Jan 17, 2012
Why your migration agent should also be part of a law firm
Practice Areas: Applications to the Migration Review Tribunal & the Federal Magistrates Court , Business People Visas, Doctors & Nurses Visas, Employer Sponsored Visas, Engineers (recent graduates) Visas, Family Members Visa, Medical Treatment Visa, Occupational Trainees & Professional Development Visas, Professional and Skilled visas – Offshore skilled visas, Professional and Skilled visas – Onshore skilled visas (if you are in Australia), Professional Development Visa (Subclass 470), Refugee & Humanitarian Visas, Retirees Visa, Returning Resident Visas, Immigration Law, Specialist Entry Visas, Student Visas, Tourist Visas
Document Type: Article
Date: Jan 06, 2012
Can I bequeath my heart?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Dec 13, 2011
When you can get a court ordered DNA test?
Under s26 of the Status of Children Act 1996 a party to proceedings may apply to the Supreme Court for an order requiring a parentage testing procedure to be carried out for the purpose of obtaining information to assist in determining the parentage of the child.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Nov 28, 2011
Mum has left our family home to her new husband – what can we do?
Before Jim and Genevieve married they decided to execute mutual wills. A mutual will is where each individual has a separate will but they confer reciprocal benefits on each other. Jim’s will stated that he would leave all of his estate to Genevieve and if she died the estate would be divided equally between their two children Julia and Jonty. Likewise Genevieve’s will left everything to Jim and to their two children if he died.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Nov 27, 2011
Is a will valid if a lawyer doesn’t sign it?
In September Noreen handed Ngaire an envelope and said, “This is my will. You don’t need to read it now. Just hold on to it until I die.” Ngaire did not open the envelope but put it safely away in her top draw.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Nov 21, 2011
Who will look after your pets?
For many, the processes of estate planning involves thinking about their family and loved ones - trying to take their circumstances into account and considering what measures they would like to take to promote their future happiness.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Nov 15, 2011
Challenging your parent’s will if they have left a larger portion of their estate to charity than to you.
Some of the world’s super rich such as Bill Gates and Warren Buffet have famously left the bulk of their estate to charity and their children only a small fraction of their fortunes. Can you safely leave the majority of your estate to charity? Can you challenge your parent’s will if they have left a larger portion of their estate to charity than to you?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Nov 12, 2011
Parental Leave - Return to Work Guarantee; entitlement of employee to position held before parental leave taken
Under s70 of the Fair Work Act a parent is entitled to 12 months of unpaid parental leave.
Practice Areas: Employment & Industrial Law
Document Type: Article
Date: Nov 04, 2011
Inheritances and Gifts in Family Law, how are they treated?
Consider this example: John and Jill have been married for 10 years and have recently separated. Around 2 years ago Jill’s father died and Jill received an inheritance of $100,000. These monies were deposited into a joint bank account and have been used by the parties to assist in the purchase of a property. Now that the relationship has broken down what becomes of Jill’s inheritance?
Practice Areas: De Facto Relationships, Wills & Estates, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Nov 01, 2011
Family Dispute Resolution
If you are in dispute with your partner regarding the care arrangements for your child you are required, by law to engage in what is called Alternative Dispute Resolution.
Practice Areas: Children & Parenting Arrangements, De Facto Relationships, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Oct 11, 2011
How SkillSelect can help ease migration program operations
Recent market conditions in Australia have highlighted the important role that skilled migrant workers can play in allowing businesses to access talented pools of labour.
Practice Areas: Immigration Law
Document Type: Article
Date: Oct 09, 2011
Do I need a pre-nup?
In Australia couples who are considering living together, as a de facto couple (whether same sex or heterosexual) or are considering marriage have the option of entering into an agreement to protect their assets in the event they separate. This agreement can protect not only assets in existence now, but also assets the parties purchase throughout the relationship.
Practice Areas: Children & Parenting Arrangements, De Facto Relationships, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Oct 06, 2011
New enterprise migration agreements (EMAs) released
The Department of Immigration and Citizenship (DIAC) has released the details on the long-awaited enterprise migration agreements (EMAs).
Practice Areas: Immigration Law
Document Type: Article
Date: Oct 04, 2011
If the deceased has promised to look after someone; breach of promise/contract and family provision claims
If someone promises to take care of you financially and then they die, what do you do?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 28, 2011
Fees, Value and Quality
At Craddock Murray Neumann, we think of “value” as providing high quality legal services for a reasonable fee.
Document Type: Article
Date: Sep 28, 2011
UNSIGNED WILL; ORIGINAL COPY OF PREVIOUS SIGNED WILL LOST
We acted for the son of the first marriage of the deceased. The second wife of the deceased sought to Probate an unsigned Will.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Sep 23, 2011
You do not have to be rude or violent to collect a debt
People often think of debt collectors as professional bullies or “stand-over” men who break debtor’s arms to make them pay.
Whilst these methods might occasionally be effective, they are usually highly illegal, and no self-respecting business would ever want to be associated with these sorts of tactics.
Practice Areas: Business & Commercial Law, Commercial Litigation, Debt Recovery, Bankruptcy & Insolvency Law, Assets, Business Structures & Risk Analysis/Advice
Document Type: Article
Date: Sep 19, 2011
Buying a property: the Australian Dream
Claiming your piece of the ‘Australian Dream’ is becoming harder and, with more at stake than ever, buyers should be aware that it will not be always easy nor problem free. Your best defence in keeping the dream from becoming a nightmare is to simply arm yourself with the best possible information and advice.
Practice Areas: Business & Commercial Law, Contract Law, Conveyancing & Property Law
Document Type: Article
Date: Sep 15, 2011
Requisitions on Title
If you are purchasing a property, as part of acting on a conveyance your lawyer will make enquiries from the vendor about the title to the property. These are called “Requisitions on Title”.
Practice Areas: Conveyancing & Property Law
Document Type: Article
Date: Sep 10, 2011
What can a will be written on?
In Estate of Slavinskyj (1989), testamentary dispositions written on the back of a packet of cornflakes were held to be valid.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 07, 2011
Coercion in making a will
The case of Wingrove v Wingrove (1885) is the authority for the proposition that a testamentary disposition does not have a testator’s knowledge and approval if the testator was coerced into making a bequest.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 07, 2011
Witnessing a will
A prominent Cricket fan wishes to make a will, but doesn’t trust anyone associated with the consortium for which he barracks to witness it for him.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 07, 2011
DISTRIBUTING THE ESTATE: protection against Family Provision Act claims
A claim for an order from a deceased person’s estate for a family provision can be made up to 12 months from the date of death.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 06, 2011
COMMENCING FAMILY PROVISION ACT PROCEEDINGS
If the deceased died after 1 March 2009, proceedings for a family provision orders are commenced pursuant to the Succession Act 2009.
The Family Provision Act 1982 was replaced by the Succession Act 2009 on 1 March 2009.
A claimant has 12 months from the date of death in which to commence proceedings for a family provision order.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Sep 06, 2011
Financial contributions: My Spouse made more money than me; does that mean I won’t get anything in a property settlement?
Often, especially in long relationship, one party is the traditional ‘breadwinner’ while the other stays home to care for children, or to maintain the home. The primary homemaker may only work part-time, or may not work at all. So what does this mean if the couple separate? What does each party get?
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Sep 05, 2011
Domestic Violence in the context of Family Law
Unfortunately in Australia many men and women are subjected to violent behaviour from their spouse or their de facto partner. Often victims are reluctant to come forward and report instances of domestic violence for fear of further violence from their spouse or for fear of criticism or judgement from the wider community. In recent times the family Court has obtained a deeper understanding of the types of violence and impact that domestic violence can have.
Practice Areas: Family Law
Document Type: Article
Date: Sep 05, 2011
When must a receiver perform a pre receivership contract?
A Receiver enjoys a unique position in modern corporations law. While a receiver is appointed as the agent of a corporation, the receiver’s primary purpose is to act in the interests of their appointer in realising the assets of the corporation for the benefit of a secured creditor who has usually appointed the receiver under a contractual right in a debenture.
Practice Areas: Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article
Date: Sep 02, 2011
The modern approach to contract interpretation
Jireh International Pty Ltd v Western Export Services [2011] NSWCA 137.
Practice Areas: Business & Commercial Law, Contract Law
Document Type: Article
Date: Aug 31, 2011
PARENTING DISPUTE INVOLVING LESBIAN COUPLES – HOW DOES A COURT DECIDE
Practice Areas: Children & Parenting Arrangements, Same Sex Relationships
Document Type: Article
Date: Jun 11, 2011
SHARED PARENTING – HOW IMPORTANT IS PARENT/CHILD ATTACHMENT?
Practice Areas: Children & Parenting Arrangements
Document Type: Article
Date: Jun 11, 2011
WHAT OBLIGATIONS DO PARENTING ORDERS CREATE?
Practice Areas: Children & Parenting Arrangements
Document Type: Article
Date: Jun 11, 2011
BREACH OF PARENTING ORDERS – THE CONSEQUENCES
Practice Areas: Children & Parenting Arrangements
Document Type: Article
Date: Jun 11, 2011
FINANCIAL SETTLEMENTS – HOW ARE ENTITLEMENTS ASSESSED
Practice Areas: Financial Settlements
Document Type: Article
Date: Jun 11, 2011
IS MY PRENUPTUAL FINANCIAL AGREEMENT WATERTIGHT?
Practice Areas: Financial Agreements
Document Type: Article
Date: Jun 11, 2011
DE FACTO COUPLES & MAINTENANCE
Practice Areas: De Facto Relationships, Financial Support
Document Type: Article
Date: Jun 11, 2011
FINANCIAL SETTLEMENT BETWEEN DE-FACTO PARTNERS – WHEN IS SOMEONE ENTITLED TO CLAIM?
Practice Areas: Financial Settlements
Document Type: Article
Date: Jun 11, 2011
ARTIFICIAL CONCEPTION – WHO IS THE PARENT?
Practice Areas: Family Law
Document Type: Article
Date: Jun 11, 2011
The effectiveness and limits in the uses of public examinations under the Bankruptcy Act 1966 (Cth)
Practice Areas: Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article
Date: Jun 02, 2011
Mental or Testamentary Capacity To Make a Will
Age, even great age, does not prevent a person having testamentary capacity to make or change their will.
It is not even necessary that the willmaker be able to read or write, as long as appropriate steps are taken to make sure that they understand the will.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: May 20, 2011
Financial Settlements – How is the Split Determined
Financial settlements in both marriage and de facto relationship cases have been dealt with on the same basis since March 2009.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Mar 29, 2011
How does a judge assess credibility
A small minority of family law cases require a decision from the Court, whether it involves parenting or financial issues. Where there is a different version of facts given by each party, one of the tasks of the Judge hearing the case is to make findings of fact. In other words, which version of events does the Judge believe to be the correct version.
Practice Areas: Children & Parenting Arrangements, De Facto Relationships, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Mar 28, 2011
Obtaining Access to the Deceased’s Will
Getting to see the will of a deceased can sometimes be a problem. Section 54 of The Succession Act 2006 is designed to overcome that problem.
Practice Areas: Wills & Estates
Document Type: Article
Date: Nov 17, 2010
Lifting the suspension on processing Afghan asylum claims
The decision-making process for people who seek asylum in Australia is rigorous. Asylum seekers are required to detail their claims for protection. They are then interviewed by a Departmental officer who will assesses their claims, applying the following definition of a refugee: a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…".
Practice Areas: Immigration Law
Document Type: Article
Date: Oct 05, 2010
Strata Levies: Options for Recovery
Each lot owner in a strata plan is required to pay levies (usually due quarterly) which make up the administrative fund and sinking fund of the strata scheme.
Practice Areas: Business & Commercial Law, Debt Recovery, Bankruptcy & Insolvency Law, Conveyancing & Property Law
Document Type: Article
Date: Sep 20, 2010
The Shared Parenting Laws: is there a case for reform?
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 29, 2010
Changes to De Facto Relationship Law : A Move Towards Equal Treatment
A Paper presented by Craddock Murray Neumann on the Changes to De Facto Relationship Law.
Practice Areas: De Facto Relationships, Family Law
Document Type: Article
Date: Aug 29, 2010
Parenting & Financial Matters in De Facto Relationships
For many years de facto couples who separated with children faced having to use two different legal systems. Problems about their children were dealt with in the Family Law system, under Commonwealth law, while disputes about financial matters were resolved in State courts. In addition, the entitlements in financial cases were less generous for a financially disadvantaged party than in marriage cases, and superannuation benefits could not be divided.
Practice Areas: De Facto Relationships, Family Law
Document Type: Article
Date: Aug 29, 2010
Adoption
Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention).
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 26, 2010
Outside the Nuclear Family: Gay Dads and Surrogacy
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 24, 2010
What is Family Law?
The Family Law Act is a long and often complicated piece of legislation. The area of Family Law is also affected by the Child Support laws and by laws regarding domestic violence.
Practice Areas: Family Law
Document Type: Article
Date: Aug 22, 2010
What to expect from an initial consultation at Craddock Murray Neumann
We understand that it is often a very big step for people whose relationship has broken down to take that first step and approach a lawyer for advice. We consider the role of a family lawyer to be more than just explaining what the law actually says. Case management and management of the client’s needs, sadly seems to be underrated. However we take it very seriously.
Practice Areas: Family Law
Document Type: Article
Date: Aug 22, 2010
Divorce or Annulment
Some clients will say to their Family Lawyer, “I don’t want a divorce, I want my marriage annulled”. Usually this has to do with a religious belief. The law does allow for a court to declare a marriage a nullity, although such applications are not common. This is because the grounds to annul a marriage are quite limited.
Practice Areas: Divorce, Family Law
Document Type: Article
Date: Aug 22, 2010
When a divorce is alleged to have occurred in a foreign country
In the 2009 case of Taffa v Taffa , the wife made an application for divorce. The husband disputed the application for divorce on the basis that they were divorced in Lebanon on 24 November 1998 by the Jaafarite Canonical Court. The decision of whether the wife's application for divorce could proceed in the Family Court was dependent upon whether the Court recognised the divorce granted in the Lebanon court.
Practice Areas: Divorce, Family Law
Document Type: Article
Date: Aug 22, 2010
Binding Financial Agreements – Handle With Caution
Under the Family Law Act, parties to a marriage or de facto relationship may enter into a financial agreement to make provision for their financial arrangements during the course of their relationship, and for financial settlement upon the breakdown of their relationship.
Practice Areas: Family Law, Financial Agreements
Document Type: Article
Date: Aug 22, 2010
Which Court Do We Go To?
There are a number of courts which can deal with family law matters, whether parenting and/or financial matters between couples, whether marriage or de facto relationships. Choosing the right court can save time, money or both, and the choice is one which family lawyers have to make all the time for their clients.
Practice Areas: Children & Parenting Arrangements, Family Law, Financial Settlements
Document Type: Article
Date: Aug 22, 2010
Christmas Arrangements For the Children
December is not busy just in department stores, it is a hectic time in the Family Law courts. For judges, Federal Magistrates and lawyers, December is the month where much time is spent working out where children will spend their Christmas when their parents cannot work it out. The number of cases with this issue outstanding before the Courts is so high, that the courts usually require Christmas cases to be filed no later than mid November.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Assisted Reproductive Technology
Practice Areas: Children & Parenting Arrangements, Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 22, 2010
New Child Support Scheme
The new child support formula is part of the overhaul of the Child Support Scheme implemented a few years ago.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Overseas Travel With Children
The 2008 case of Dart v Graham dealt with the issue of a father wanting to take his children on an overseas holiday to Bali for his wedding. The mother opposed the children travelling to Bali due to advice issued by the Department of Foreign Affairs and Trade (DFAT) warning travellers to Indonesia that the country has risks associated with travelling there.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Evidence of Minors in a Family Law Matter
In the 2008 case of Beckett & Horan the issue of permitting a witness under 18 years of age to give evidence in family law proceedings was raised. The proceedings in question concerned both parties seeking parenting orders. An application was made by the mother for a non-relative aged 17 years of age to give evidence. Counsel for the father objected.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Taking Children From Australia
Australia has many residents with family ties overseas. It is not surprising, therefore, that taking children overseas can often become an issue between separated parents. If the parents cannot agree upon whether a child can travel overseas with one of the parents, a court will make the decision, and the decision will be based on what is best for the child.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Protection from Domestic Violence
Domestic violence is commonly thought of as physical abuse. However, it can also include other conduct such as sexual, emotional or psychological abuse.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Intercountry Adoption Agreement between States and Commonwealth
A n agreement between the Commonwealth and States and Territories to administer and improve intercountry adoption in Australia exists.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 22, 2010
Surrogacy Laws in Australia
With Queensland introducing new surrogacy laws in 2010, altruistic surrogacy has become legal throughout Australia. However, a lack of uniformity with regard to individual State’s legislation means that intended parents can become confused. This is compounded by the impact of Federal laws, particularly immigration laws, on overseas surrogacy and has caused many parents to be held up in foreign countries awaiting immigration papers for their child.
Practice Areas: Children & Parenting Arrangements, Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 22, 2010
Trusts: Can you trust a Family Trust?
When a family is blessed with some wealth, it is not uncommon to find a family trust involved.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Aug 22, 2010
Superannuation in Financial Settlements
Most working Australians have some superannuation and for many their superannuation can be quite a substantial part of their financial future. Before 2002, dealing with superannuation entitlements often posed problems in family law financial settlements because there was no ability to divide them. The outcome usually was that the party with the greater superannuation would get a lesser share of the other property to compensate for the other party not being able to access the greater superannuation fund.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Aug 22, 2010
Financial Settlements – How is the Split Determined
The purpose of a financial settlement is to bring to an end the financial relationship between the parties, by dividing and allocating their net assets, so that nothing is left in joint names.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Aug 22, 2010
Financial Support: Spouse/De Facto maintenance
Married couples, and now de facto couples, have a legal obligation under the Family Law Act to provide financial support to one another. If that financial support is not forthcoming, then either party to a marriage or de facto relationship is entitled to apply to a Court for orders that the other party pay maintenance to them.
Practice Areas: De Facto Relationships, Family Law, Financial Support
Document Type: Article
Date: Aug 22, 2010
All Relationships Under the one law
Historically, the Commonwealth made laws dealing with marriage relationships, whereas the various States and Territories had the power to make laws dealing with matters arising out of the breakdown of de facto relationships, including parenting and financial issues.
Practice Areas: De Facto Relationships, Family Law
Document Type: Article
Date: Aug 22, 2010
When is a relationship a De Facto relationship?
In late 2008 various States in Australia surrendered to the Commonwealth Parliament the power to deal with the financial aspects of the breakdown of de facto relationships.
Practice Areas: De Facto Relationships, Family Law
Document Type: Article
Date: Aug 22, 2010
De Facto Relationship Legislation
In 2008 legislation was passed to amend the Family Law Act 1975 to allow de facto couples (opposite sex and same sex) to access the federal family law courts for property and maintenance matters.
Practice Areas: De Facto Relationships, Family Law
Document Type: Article
Date: Aug 22, 2010
Same Sex Divorce
For those people in a same sex relationship who have married one another in a civilised country where same sex marriage is available, and reside in Australia, what happens if your relationship irretrievably breaks down? Can you apply for a divorce in Australia? The simple answer no.
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 22, 2010
Divorce – How to Apply
FrA divorce in Australia simply ends the marriage formally. To obtain a divorce either spouse, or both jointly, can apply to the Federal Magistrates Court for a divorce order. This will not deal with the parenting arrangements for children, or the division of property, which are dealt with separately and in isolation.
Practice Areas: Divorce, Family Law
Document Type: Article
Date: Aug 22, 2010
Asylum Seekers
There is much debate about whether Australia should grant visas to asylum seekers who arrive by boat (the so-called “boat people”) without documentation.
Practice Areas: Immigration Law
Document Type: Article
Date: Aug 11, 2010
Security for Costs
The general rule is that everyone should be able to enforce their rights in the Courts – poverty should be no bar to justice.
Practice Areas: Business & Commercial Law, Contract Law, Wills & Estates, Family Law, Criminal Law, Debt Recovery, Bankruptcy & Insolvency Law, Assets, Business Structures & Risk Analysis/Advice , Administrative/Government Law, Intellectual Property, Conveyancing & Property Law, Negligence Law, Medical & Health Law, Insurance Law, Defamation Law, Immigration Law, Employment & Industrial Law, Litigation, Building Law, Consumer Credit Law
Document Type: Article
Date: Aug 08, 2010
Additional protection for de facto couples
The Family Law Act 1975 has now been amended to allow opposite-sex and same-sex de facto couples access to the federal family law courts for property and maintenance matters.
Practice Areas: Family Law
Document Type: Article
Date: Aug 08, 2010
Child Support Agreements
Overview of Child Support Agreements following the breakdown of marriage.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 01, 2010
Employment Law – Restraint Clauses
A recent 2010 Supreme Court Case – Stacks/Taree v Marshall – makes a number of observations about the extent to which employers can restrain employees who no longer work for them.
Practice Areas: Employment & Industrial Law
Document Type: Article
Date: Mar 10, 2010
Changes to the Intestacy Laws in NSW
The Succession Amendment (Intestacy) Bill 2009 (“the Bill”) was assented on 9 June 2009. It will come into effect from early next year 2010. The laws will change how estates are distributed if the deceased die intestate, i.e. without a valid will. A person who dies without leaving a valid Will is referred to as “the intestate”.
Practice Areas: Wills & Estates
Document Type: Article
Date: Nov 30, 2009
Costs and Family Provision Act Cases – Significance of Practice Note SC Eq 7
In May 2009, the Supreme Court issued a Practice Note as to the conduct of Family Provision Act cases - SC Eq 7 – Family Provision – (“the Practice Note”) which applies to claims both under the Family Provision Act 1982 and its replacement, Chapter 3 Succession Act 2006 (NSW).
Practice Areas: Disputed Estates / Wills
Document Type: Article
Date: Nov 30, 2009
Spouse/De Facto Maintenance: What Will I Receive/Have to pay?
When considering what amount of spouse/de facto maintenance a party is entitled to receive, or may be required to pay, the starting point is to complete a Financial Statement document as accurately and as truthfully as possible.
Practice Areas: De Facto Relationships, Family Law, Financial Support
Document Type: Article
Date: Nov 15, 2009
Child Inclusive Mediation in Parenting Cases
Upon the breakdown of a relationship where there are children, if the parents are unable to reach agreement between themselves as to the parenting arrangements for the children, then there is a requirement to participate in mediation prior to contemplating any Court proceedings.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Nov 15, 2009
Property of the Marriage: What Assets are Available
Upon the breakdown of a marriage one of the issues that needs to be addressed is a financial settlement. This involves dividing the assets, liabilities and superannuation of the parties whereby each party is allocated their share of the net assets, with the end result that none of the assets and liabilities are held in joint names.
Practice Areas: Children & Parenting Arrangements, De Facto Relationships, Divorce, Financial Agreements, Family Law, Financial Settlements, Financial Support, Same Sex Relationships
Document Type: Article
Date: Nov 15, 2009
Property Settlements: How are the entitlements determined
In every financial settlement after the breakdown of the marriage, a four step mythology is used to determine the entitlements of each party. When lawyers give advice to clients as to their entitlement or likely settlement, they have an obligation to do so based how they think the Court may apply the four step mythology given the information and instructions provided by the parties.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Nov 15, 2009
Who is a Parent?
The Family Law Act prescribes that parents of children have parental responsibility, which is defined to mean all the duties, powers, responsibilities and authorities which, by law, parents have in relation to children.
Practice Areas: Children & Parenting Arrangements, Family Law, Same Sex Relationships
Document Type: Article
Date: Oct 09, 2009
Binding Financial Agreements: when do they cease to be binding?
The Full Court decision of Black v Black (2008) 38 Fam LR 503 (“Black v Black”) on financial agreements continues to impact on family law decisions being cited in the recent Federal Magistrates Court decision of Fitzpatrick & Griffin [2008] FMCAFAM 555 (“Fitzpatrick & Griffin”).
Practice Areas: Family Law, Financial Agreements
Document Type: Article
Date: Oct 08, 2009
Same Sex Parenting Paper
The Mainstreaming of Same Sex Relationships – Becoming Parents” – in this paper Paul Boers examines the options available for same sex couples wishing to start a family, including IVF/donor insemination, co-parenting arrangements and surrogacy; of who is a “legal parent” within each arrangement; and of how parental responsibility may be acquired. This paper was originally written for the College of Law, and has been recently updated after a decision in the Family Court of Australia concerning a surrogacy arrangement in the matter of Re Michael: Surrogacy Arrangement.
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Oct 03, 2009
Marriage Equality Amendment Bill 2009 Senate Inquiry
In 1961 the Commonwealth Government enacted the Marriage Act, which set out the various requirements before a marriage in Australia, either religious or secular, is valid. It also dealt with other issues including when marriages are void, and Australia’s obligations under the Hague Convention on Celebration and Recognition of the Validity of Marriages.
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Sep 23, 2009
Review of Equal Shared Parenting Laws
In 2006 significant amendments were made to the Family Law Act dealing with children’s issues after the separation of parents.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Sep 23, 2009
Child support assessement or child support agreement?
Parents have a legal obligation to financially support their children. When a child’s parents have separated, or have never lived with one another, they are entitled to pursue arrangements for their child’s financial support. Most often the parent with the primary care of a child will initiate the process to seek child support from the other parent.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Aug 26, 2009
Court Made Wills
In a recent judgment of the Supreme Court in Re Fenwick: Application of JR Fenwick & Re “Charles” [2009] NSW SC530 the Court considered and applied for the first time new provisions of the Succession Act 2006 (NSW), which confer power on the Court to authorise the Registrar to make, alter or revoke a will on behalf of a person who lacks testamentary capacity.
Practice Areas: Wills & Estates
Document Type: Article
Date: Jul 21, 2009
Comparison Between a Simple Will & Testamentary Trust
Practice Areas: Testamentary Trusts, Wills & Estates
Document Type: Article
Date: Jul 11, 2009
Employment law – Summary Dismissal for Serious Misconduct
Our client was the general manager of a national company who summarily dismissed him for ‘serious misconduct’. As a result our client was not entitled to avail himself of the dispute resolution procedures provided for in his employment agreement nor was he entitled to his wage, bonus and other damages.
Practice Areas: Employment & Industrial Law
Document Type: Article
Date: Jun 22, 2009
Surrogacy – An Alternative To Creating Families
Surrogacy is an arrangement whereby a couple wishing to have a child (“the intending parents”) commission a woman, whether partnered or otherwise (“the surrogate mother”) , to conceive the child and then surrender the child to the intending parents after birth. The intention of this arrangement is that the intending parents will raise their child as their own.
Practice Areas: Children & Parenting Arrangements, Family Law, Same Sex Relationships
Document Type: Article
Date: Jun 17, 2009
The unification of Family Law jurisdictions to deal with all relationships
Under the Commonwealth Constitution, the Federal government has the power to make laws with respect to marriage. As such, the various States and Territories historically were left with the power to make laws dealing with matters arising out of the breakdown of de facto relationships, including parenting and financial issues.
Practice Areas: Family Law
Document Type: Article
Date: Jun 17, 2009
I do not have a visa So can I still apply for a visa in Australia?
Just because your visa has expired and you have become unlawful in Australia it does not necessarily follow that you cannot lodge a visa application while you are in Australia.
Practice Areas: Immigration Law
Document Type: Article
Date: Mar 07, 2009
Visas cancelled because of incorrect information
The Department of Immigration has the power to cancel a visa that is granted to a visa holder if he or she provided incorrect information either as part of their visa application or on a passenger card upon entering Australia. The Department may cancel a visa for this reason even where the person did not know that the information they provided was incorrect.
Practice Areas: Immigration Law
Document Type: Article
Date: Mar 07, 2009
Grandparents and other family members in Family Law matters
In Australia, many parents make arrangements for their children to spend time with grandparents and other family members on a regular basis without thinking much about it. If everyone lives close to each other this might be weekday dinners, Sunday lunch, picnics, after school care or other child minding.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Mar 07, 2009
Successful Debt Recovery When Chasing Debtors
Debt recovery encompasses a wide range of matters, from something as commonplace as an overdue account for goods and/or services that remains unpaid outside of the usual terms of trade, an agreed amount due under a contract, an amount due under a guarantee, the cost of repairs, losses arising from a motor vehicle accident, and so on.
Practice Areas: Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article
Date: Mar 07, 2009
Changes to Skilled Migration in January 2009
On 17 December 2007, the Minister for Immigration and Citizenship, announced a number of changes to the general skill migration program. These changes will come into affect on 1 January 2009.
Practice Areas: Immigration Law
Document Type: Article
Date: Dec 23, 2008
Can You Disinherit Your Children?
Is it is possible to disinherit your children? Some will makers believe it is or should be.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Dec 03, 2008
FAMILY PROVISION ACT CLAIMS – Able bodied adult children and Prevailing Community Standards
A recent decision in the New South Wales Court of Appeal analysed what is ‘proper maintenance education and advancement in life’ for able bodied adult children – SMILEK V PUBLIC TRUSTEE [2008] NSWCA 190.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Nov 24, 2008
Annulment of marriage
Legally, an application for an annulment of a marriage can only be based on the ground that a marriage is void. A marriage is only void if one of the following scenarios applies...
Practice Areas: Family Law
Document Type: Article
Date: Nov 24, 2008
Changing a Child’s Name
Sometimes when a mother changes her surname or remarries she wants to change her child’s surname as well. If the child’s father agrees to the change in surname, it can go ahead. However, if the father does not agree to the change in surname the mother would need to make an application in the Family Law Courts for permission to change the surname.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Nov 24, 2008
Establishing Parentage in Court Proceedings
In some family law matters the parentage of a child is in issue. The law enables the Court to make an order requiring a parentage test to be carried out to help determine the child’s parentage.
Practice Areas: Children & Parenting Arrangements, Family Law
Document Type: Article
Date: Nov 24, 2008
Parenting orders - Can Grandparents and other extended family members apply?
Date: Nov 24, 2008
Can you prevent a Family Provisions Act claim by careful will drafting?
The Family Provision Act (1982)(FPA) restricts that freedom to make a will by allowing classes of people, defined in the FPA as “eligible persons”, to make a claim if those persons consider they have been left with inadequate provision for their proper maintenance, education and advancement in life.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Sep 06, 2008
Family Provision Act Claims – Prescribed Transactions and Notional Estate
The Family Provision Act (1982)(FPA) allows the court to designate property as “notional estate” and make Orders with respect to notional estate in order to satisfy an order for provision in claims by an eligible person.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Sep 06, 2008
Same Sex Relationships Bill 2008
The Federal Government has introduced legislation that aims to remove the discrimination against same-sex couples currently present in Acts governing Commonwealth superannuation schemes.
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 22, 2008
Same Sex, Same Laws
The Commonwealth government removed discrimination against same-sex couples in more than 100 pieces of federal legislation in 2008.
Practice Areas: Family Law, Same Sex Relationships
Document Type: Article
Date: Aug 22, 2008
Fantastic Result for Craddock Murray Neumann
Recently our Mr McCrudden was approached by a gentleman who held a subclass 457 visa.
Practice Areas: Immigration Law
Document Type: Article
Date: May 26, 2008
Should I appoint a power of attorney?
Practice Areas: Wills & Estates, Conveyancing & Property Law
Document Type: Article, Q&A
Date: Apr 01, 2008
A Brief Summary Of The Retail Leases ACT
This article provides a summary overview of the main provisions of the Retail Leases Act (NSW) 1994 as they apply to commercial retail tenants and landlords.
Practice Areas: Business & Commercial Law, Conveyancing & Property Law
Document Type: Article
Date: Mar 31, 2008
Immigration Spouse Visas
The following is a summary of how spouse visas operate and the usual criteria that must be satisfied to be granted a spouse visa.
Practice Areas: Immigration Law
Document Type: Article
Date: Mar 28, 2008
Sponsoring overseas employees / 456 & 457 Visas
Practice Areas: Immigration Law
Document Type: Article
Date: Mar 28, 2008
When should I make a will?
Practice Areas: Wills & Estates, Family Law, Conveyancing & Property Law
Document Type: Article, Q&A
Date: Mar 01, 2008
Can I get a copy of my medical records
Information on gaining access to your medical records held by either Doctors or Hospitals.
Practice Areas: Administrative/Government Law, Medical & Health Law, Insurance Law
Document Type: Q&A
Date: Feb 14, 2008
Disputed Wills
If you were left out of the Will or not properly provided for you may have a claim under the Family Provisions Act 1982 (FPA).
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Feb 10, 2008
Family Provision Act 1982
Discussion Notes.
Practice Areas: Wills & Estates, Family Law
Document Type: Article
Date: Feb 10, 2008
What is the role of an Executor?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article, Q&A
Date: Feb 01, 2008
Property Settlements FAQ's
Frequently asked questions in relation to Property Settlement Agreements.
Practice Areas: Family Law, Financial Settlements
Document Type: Article
Date: Jan 28, 2008
Selling Your Home
Helpful information on the topic of selling your home.
Practice Areas: Conveyancing & Property Law
Document Type: Article, Q&A
Date: Jan 27, 2008
History of Bankruptcy
A brief history of Bankruptcy over time.
Practice Areas: Business & Commercial Law, Debt Recovery, Bankruptcy & Insolvency Law, Administrative/Government Law
Document Type: Article
Date: Jan 14, 2008
Bankruptcy
A brief description of Bankruptcy Law.
Practice Areas: Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article
Date: Jan 11, 2008
What is a will?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates, Family Law
Document Type: Article, Q&A
Date: Jan 01, 2008
Why Choose Bankruptcy?
A brief list of advantages and disadvantages for both Debtors and Creditors.
Practice Areas: Business & Commercial Law, Administrative/Government Law
Document Type: Article
Date: Dec 14, 2007
Why Choose Bankruptcy
brief list of advantages and disadvantages for both Debtors and Creditors.
Practice Areas: Business & Commercial Law, Debt Recovery, Bankruptcy & Insolvency Law
Document Type: Article, Q&A
Date: Dec 14, 2007
Should I appoint an enduring guardian?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates, Family Law, Conveyancing & Property Law
Document Type: Article, Q&A
Date: Dec 01, 2007
Debt Recovery, Bankruptcy, Company Insolvency and Director's Duties
Information and basic questions and answers.
Practice Areas: Business & Commercial Law, Administrative/Government Law
Document Type: Article
Date: Nov 29, 2007
Commercial Leasing
General information on commercial leases.
Practice Areas: Business & Commercial Law, Conveyancing & Property Law
Document Type: Article
Date: Nov 25, 2007
The Big Haggle or how to negotiate a commercial lease
Information on things to consider when negotiating a commercial lease agreement.
Practice Areas: Business & Commercial Law, Conveyancing & Property Law
Document Type: Q&A
Date: Nov 25, 2007
How are de facto relationships dealt with?
Document Type: Q&A
Date: Nov 01, 2007
How are same-sex relationships dealt with?
Document Type: Q&A
Date: Sep 01, 2007
Can I challenge a will?
Document Type: Q&A
Date: Aug 01, 2007
How can I provide for financially reckless beneficiaries?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article, Q&A
Date: Jul 01, 2007
If I die without a will, who gets my assets?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Q&A
Date: Jun 01, 2007
Can I write my own will?
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article, Q&A
Date: May 01, 2007
Victory for CMN Lawyer
Christmas Island Detainees granted TPV's by Immigration Minister.
Practice Areas: Immigration Law
Document Type: Article
Date: Aug 01, 2005
Why you Need a Will
Information on the Importance of having a Will.
Practice Areas: Disputed Estates / Wills, Testamentary Trusts, Wills & Estates
Document Type: Article, Q&A
Date: Aug 30, 2004
Refugee and Humanitarian Law
Review of Refugee Determination Decisions.
Practice Areas: Immigration Law
Document Type: Article
Date: Mar 05, 2004
Migration Law Course
Review of Migration Decisions.
Document Type: Article
Date: Feb 12, 2004
Migration Law
Judicial Review.
Document Type: Article
Date: Feb 10, 2004
Buying a Property – Frequently Asked Questions
Information on claiming your piece of the "Australian Dream".
Practice Areas: Conveyancing & Property Law
Document Type: Q&A
Date: Feb 02, 2004
Buying a Business – Frequently Asked Questions
Frequently asked questions in relation to buying a Business.
Practice Areas: Business & Commercial Law
Document Type: Q&A
Date: Jan 30, 2004
Disputed Estates
Useful information on the topic of Disputed Estates.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Q&A
Date: Jan 29, 2004
Applying for Refugee Status
Practice Areas: Immigration Law
Document Type: Article
Date: Jul 29, 2003
Recent Developments in Law Policy and Practice
Practice Areas: Immigration Law
Document Type: Article
Date: Jul 29, 2003
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