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...

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...

Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide...

Whether your inheritance will be counted in the divorce assets to be split depends on each case. There is no "one rule for all cases". Where the inheritance has already been received these are some relevant factors taken into account in a divorce case: Time...

If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don't agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in...

Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’...

All vendors selling property over $750,000 are required to obtain an ATO Clearance Certificate These new changes will apply to contracts entered into on or after 1 July 2017. What are the upcoming changes? From July 1, the FRCGW withholding tax rate increases to 12.5% from 10%. This applies to properties where the...

Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more "blended" families and hence stepchildren. Does a stepchild have standing to challenge a...

The Victorian Government announced that it intends to increase the First Home Owner Grant (FHOG) from $10,000 to $20,000 for new homes built in regional Victoria and valued up to $750,000. This will apply for contracts signed from 1 July 2017 to 30 June 2020. Eligible first-home...