Family Law Orders can counteract Fake Transactions Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to defeat the interest of their spouse/other party in those family law proceedings. …
Property

Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse. In a 2011 study conducted by the Crime Research Centre of the University of Western Australia its findings were that “misuse of Enduring …

WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family “understandings” that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere from the parents legally owning the house, to …

The New Personal Properties Securities Act 2009 (PPSA) explained How can you check ownership of goods for business sale? What is PPSA? The PPSA is legislation which changes the way security interests in personal property are dealt with across Australia. The PPSA rewrites the law on traditional securities such as mortgages and charges and will …

The top 8 myths of separation Many of our clients come to see us with incorrect assumptions about their rights, and their ex- spouse’s rights after separation. To help you understand the process, we have put together a list of the top 8 myths of separation with answers: Myth 1. “If I move out I …

When should you use a mortgage broker? The main difference between a mortgage broker and a single lender (bank) is that the mortgage broker is a free agent that deals with mortgage products of many different types of lenders but is not necessarily aligned with any particular one. Advantages of using a broker: Most brokers …

The case of Chan and Lee 2022 was an appeal bought by the wife against property orders made on 23 March 2021 when she was not satisfied with the result of taking on debts with the property she was awarded. BACKGROUND The parties were married on 15 May 2008 and separated on 16 May 2016. …

Steadily increasing Melbourne house prices have meant that, for many people, buying property in the current market is little more than a pipe dream.

Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …

Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset e.g for contents of a home you do not rely on the insurance replacement value, but rather second-hand goods value. For superannuation – depending on the …
