Women’s Superannuation
One of the newest political battlegrounds is women’s superannuation, with the Labor Party recently announcing a $400 million funding proposal to boost the superannuation balances of those who have taken time off work to care for others. Due to women being on lower wages, on average, than men and because women also generally take more […]
Changes to Family Law System
The Federal Government recently announced big changes to the current Family Law court system which are expected to result in 8,000 more cases being resolved each year. The Family Law court system is currently made up of the Family Court of Australia and the Federal Circuit Court of Australia across all Australian states and territories, […]
Marriage – Is a Second Marriage Valid?
A recent case in the Family Court of Australia considered the situation where a woman, Ms Kirvan, had married twice, and therefore whether the second marriage was valid. Ms Kirvan initially married Mr D in 2015 while overseas. She then moved to Australia on a student visa in March 2016. While it appears the initial […]
Clarity is Key with Estate Planning and Wills
Estate Planning and Wills A few recent cases before various superior courts in Australia have reiterated the need to obtain appropriate legal advice at the time of drafting a Will to ensure that your wishes properly explained and carried out after your death and to avoid costly Court intervention. In the matter before the Supreme […]
Boyfriend & Girlfriend or De facto Relationship?
A recent case in the Federal Circuit Court of Australia has resulted in a Judge ruling that a couple were just ‘boyfriend and girlfriend’ and not in a de facto relationship, despite the parties having 2 children together and being involved in a lengthy sexual relationship. In Weldon & Levitt [2017] FCCA 3072 (11 December […]
Sunset Clauses in NSW
There has been a great deal of media attention in recent months about sunset clauses in property contracts. The stories usually involve a developer has relied on the ‘sunset clause’ in a contract to get out of the deal, resulting in a significant loss to the purchaser, who has wasted years locked into the contract […]
Estate Hemmes; Cameron v Mead [2018] NSWSC 85
Edward Cameron, the son born to hospitality magnate, John Hemmes, and Fiona Cameron in 1990 after an extra-marital affair, has been awarded a legacy of $1.75 million from Hemmes’ deceased estate earlier this month by the Supreme Court of NSW. In 1995, the Family Court of Australia declared that Hemmes was Cameron’s father after a […]
Intestacy and De facto Spouses
After Nomads bikie member, Adrian Pamplin, died in 2013, his mother and his long-time girlfriend, Ann Irwin, battled in Court for the next 4 years, until the NSW Supreme Court finally handed down a judgment in November 2017. As Pamplin died without a Will, the primary issue in the proceedings was whether Pamplin was in […]
Property Acquired after Separation
It is not unusual for a couple who have separated to wait years or even decades before formally finalising their property division. It is important to note that there are only two ways to formalise a property settlement by agreement after separation: Consent Orders which are approved by the Family Court of Australia or a […]
Valid Wills and Property Distribution
A valid Will provides assurance that your property will be distributed in accordance with your wishes once you have died. While there is always the possibility that a Will may be contested, it is far less likely that any claimants will succeed if your Will is properly drafted and executed. Generally, for a Will made […]
