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 Maintenance: What are the Principles and how does the Court Calculate it
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: Family Law
Document Type: Article
Date: Nov 15, 2009
Spouse Maintenance: What am I worth or what am I going to lose?
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: Family Law
Document Type: Article
Date: Nov 15, 2009
Successful 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: 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: Criminal Law
Document Type: Article
Date: Nov 15, 2009
Property of the marriage: What does the Court look at in dividing the Assets
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
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: Family Law
Document Type: Article
Date: Oct 09, 2009
STRICT COMPLIANCE REQUIREMENTS OF BINDING FINANCIAL AGREEMENTS
Under the Family Law Act, parties to marriage or de facto relationships may enter into financial agreements 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
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
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
Document Type: Article
Date: Sep 23, 2009
Review of Equal Shared Parenting
In 2006 significant amendments were made to the Family Law Act dealing with children’s issues after the separation of parents.
Practice Areas: Family Law
Document Type: Article
Date: Sep 23, 2009
When is a relationship a De Facto relationship?
Any de facto relationship which breaks down after 1 March 2009 is dealt with under the provisions of the Family Law Act insofar as it relates to financial settlements. This includes both opposite sex and same sex relationships.
Practice Areas: Family Law
Document Type: Article
Date: Aug 26, 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: 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: Family Law
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: 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
Can I apply for an Annulment of my 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 surname – can it be done?
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: Family Law
Document Type: Article
Date: Nov 24, 2008
Establishing parentage in the Family Court
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: 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
Who Can Inspect the Will of a Deceased Person?
Getting to see the will of a deceased person can sometimes be a problem.
Practice Areas: Disputed Estates / Wills, Wills & Estates
Document Type: Article
Date: Jul 18, 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
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
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
Property Settlement Agreements – Frequently Asked Questions
Frequently asked questions in relation to Property Settlement Agreements.
Practice Areas: Family Law
Document Type: Q&A
Date: Jan 28, 2008
Selling Your Home
Helpful information on the topic of selling your home.
Practice Areas: Conveyancing & Property Law
Document Type: 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
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: Q&A
Date: Dec 14, 2007
Commercial Leasing
General information on commercial leases.
Practice Areas: Business & Commercial Law, Conveyancing & Property Law
Document Type: Q&A
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
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: Wills & Estates
Document Type: 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
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
Child Support Agreements
Overview of Child Support Agreements following the breakdown of marriage.
Practice Areas: Family Law
Document Type: Article
Date: Feb 01, 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
Steps to a Divorce – Frequently Asked Questions
Frequently asked questions on the topic of Divorce.
Practice Areas: Family Law
Document Type: Q&A
Date: Jan 25, 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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