As more and more people are starting to live in strata residences, it is important to remember that the strata by-laws govern what the owner of the unit is allowed to do in their own place of residence. The NSW Court of Appeal recently made a finding in the case of Cooper v The Owners […]
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When couples decide to end their relationship, the inevitable question arises in relation to their assets, what am I entitled to and in relation to the debts, who is responsible to pay them off? There is a common misconception that simply by being in a defacto relationship for 2 years or more or being legally married, […]
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A recent decision in the Supreme Court of New South Wales in the matter of Plus One International Pty Ltd V Ching 2020 NSWSC 1593 highlights the need for an employment contract to be in writing should the employer wish to impose restraints upon an employee. The Court confirmed the general rule that in […]
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Undoubtedly, the festive season can be a tense and stressful time for separated families. Most often it is the case that both parents wish to spend time with their children and partake in the joy and spirit which generally occurs around this time of year. When your family is separated or living between two households, […]
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A Power of Attorney is an important document in nominating the right party or parties to manage a person’s (“the principal’s”) financial affairs, either for in a specific instance, or in the case of an enduring guardianship, in the event that the person can no longer manage their own affairs during their lifetime. Attorneys […]
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The High Court of Australia has recently upheld a decision of the Full Court of the Family Court of Australia and confirmed that it did not err in refusing to receive further evidence on appeal, ultimately disallowing one party from presenting a case which may have otherwise, been successful at trial. This decision may […]
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Have you been considering keeping an asset in your property settlement that could result in a Capital Gains Tax liability if you sold it down the track or perhaps you have agreed with your former partner that you would sell an investment property and share the proceeds of sale? A tax debt can be […]
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Relationship breakdowns are high stress, emotional and sometimes volatile. If one party to a relationship is prone to aggressive or violent outbursts, this behaviour may again become an issue when the relationship finally deteriorates. Where parties fear for their safety, the criminal law can overlap with family law by the making of an Apprehended Domestic […]
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The Federal Government recently announced its intention to overhaul Australia’s insolvency laws in relation to small businesses. The intention is to reduce time and cost and better serve businesses, creditors and employees to survive in difficult times, but what is expected to be implemented and what should businesses or creditors do to prepare? As […]
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The breakdown of a long-term relationship or marriage is an emotionally difficult time for most. Not only are the affected parties dealing with the loss of a previously significant other, they are also having to enter into the process of separating finances and negotiating how the children are to be cared for (if there are […]
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