Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA...

There has been a lot of debate lately about how hard or easy it is to challenge a binding financial agreement (BFA) in court.  BFAs made between married or de facto spouses and can be made before moving in/marriage ("prenups") or during the relationship post-marriage/moving...

Paternity in family law disputes Under current law, paternity is "presumed" in the flowing circumstances: If a child is born to a woman and at the time she is married – the child is presumed to be the child of the woman and her husband, subject...

Benefits of a long term lease There are many benefits to a long lease, these include: Security of tenure Business stability Opportunity to build goodwill Sufficient time to recoup the cost of the business investments Greater value – a business with a long lease generally has...

Prices for wills these days vary these days-from a couple hundred dollars for the usual basic husband and wife type of will where the asset structure is simple- to thousands where a testamentary trust is required due to complex nature of the will and greater...

Retail lease disputes in Victoria and around Australia commonly arise in shopping centres in relation to relocation, exclusivity, fit out requirements, turnover rental, promotion funds and signage. For other shops, shared parking and repairs and maintenance are often the cause of argument. Old air conditioning units...

What are the grounds for challenging a will? Family members, dependents and beneficiaries named in a will may distrust the will’s validity, alleging that it should not stand as the testator’s last will. To challenge a will an applicant requires ‘standing’, which essentially means they must...

Have you been charged and convicted of a crime? If so, was the penalty excessive?  Or worse still -were you innocent of the charges but still convicted? An accused has the right of appeal to the County Court from the Magistrates' Court, against conviction and/or sentence.  There...

How is superannuation dealt with in family law? Superannuation is treated as property and can be divided between the parties after the breakdown of a marriage or the breakdown of a de facto relationship.  Rather than cashing out the super is "split" and assigned to the...

Pet cases are rare in the family law courts –most of the time lawyers warn their clients not to push the point on the issue of with whom the pet will live. However, to some clients, the ownership of the family pet will be as important,...

Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States...