Family Law I Baker Love Lawyers Newcastle

New Superannuation powers for parties in Family Law Property Proceedings

When a party seeks Orders to divide the assets and liabilities of the relationship following their separation, they can also seek Orders regarding superannuation. Superannuation splitting Orders do not convert superannuation into a cash asset however each party’s superannuation interest can be adjusted by splitting (transferring) the superannuation entitlements held. To enable greater transparency of […]

January 7, 2022
By Janine Wilson
Family Law
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Another family provision claim by an adult child

In November 2021, the Supreme Court considered yet another claim for further provision by an adult child in respect of his deceased father’s estate. As a child of the deceased, the plaintiff was eligible to bring a family provision claim within 12 months of his father’s death. The value of the estate was around $1,500,000. […]

November 25, 2021
By Matthew Carney
Family Law
No Comments

Can Final Family Law Property Settlement Orders be Set Aside?

The Family Court has the power under section 79A (or section 90SN for de facto matters) to set aside or vary final property orders, even if the Orders were made by consent of both parties. To be successful in an application to set aside or vary final property orders the Court must be satisfied […]

October 26, 2021
By editor
Family Law
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The ‘D’ word

We often joke about the ‘D’ word (divorce) but for those of us who are, or have, experienced the breakdown of a significant relationship it is anything but a humorous experience. Divorce isn’t fun and there are no winners. A successful divorce, if ever there was such a thing, is not about winning battles but […]

August 26, 2021
By Matthew Carney
Family Law
No Comments

The merger of the Federal Circuit and Family Court of Australia

The new Federal Circuit and Family Court of Australia will commence on 1 September 2021. The new court merges the Federal Circuit Court of Australia and the Family Court of Australia. The merger will result in a greater emphasis being placed on encouraging parties to settle disputes, before Court proceedings are commenced. In […]

July 27, 2021
By Liam Tobin
Family Law
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Property Settlement – Time Limits

Did you know that there are time limits for property settlement after you separate or divorce? One of the first questions you will be asked by your family lawyer is ‘when did you separate’? This is for good reason. Time limits do apply to family lawyers proceedings for property settlement. These time limits differ depending […]

June 25, 2021
By editor
Family Law
No Comments

How to Settle a Divorce Amicably

In Australia, you are allowed to apply for divorce and formalise its terms yourself via the Family Court and Federal Circuit Court. However, most couples find this DIY process and its complex legal procedures tricky to navigate. To give yourself the best chance at an amicable divorce, it’s important to understand your options, obligations and […]

When can the family court order parentage testing?

If the parentage of a child is “in issue” in proceedings under the Family Law Act, the court may make an order requiring a parentage testing procedure to be carried out to help determine the child’s parentage. An application for parentage testing can only be made during family law proceedings for example where an application […]

May 27, 2021
By editor
Family Law
No Comments

What Does ‘Amicable Divorce’ Mean?

What Does Amicable Divorce Mean? So, you’ve decided to call it a day on your relationship. That doesn’t mean you have to face distressing disputes over who gets what, hefty litigation fees or a lifetime of hostile exchanges. Not to mention the harmful impact of these experiences on the rest of your family. Whatever the […]

NSW Domestic Violence Reforms

Victims of domestic violence will be granted greater safeguards when they appear in court while the meaning of intimidation will be expanded to include harm or threatened harm to animals under domestic violence law reforms passed in NSW late last year. NSW Attorney General and Minister for the Prevention of Domestic Violence Mark Speakman said […]

Family Law

New Superannuation powers for parties in Family Law Property Proceedings

Another family provision claim by an adult child

Can Final Family Law Property Settlement Orders be Set Aside?

The ‘D’ word

The merger of the Federal Circuit and Family Court of Australia

Property Settlement – Time Limits

How to Settle a Divorce Amicably

When can the family court order parentage testing?

What Does ‘Amicable Divorce’ Mean?

NSW Domestic Violence Reforms

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