Understanding the difference between separation & divorce will help you decide the pathway you want to take to end your relationship. Simply put, separation occurs when one party communicates to the other party that they no longer wish to remain in the relationship. It is as simple as that. This can occur in the context […]
As lawyers, we are often asked: can I put a caveat on the house? Alternatively, a frustrated home owner will contact us to say their former partner has lodged a caveat against their property without their knowledge. This article explores the common bases upon which a person may lodge a caveat in the context of […]
Is court needed for parenting agreements? As usual with questions of law, it is the standard answer of ‘it depends’. But put simply, the answer is ‘no’ in terms of strict necessity. Australia’s use of non-adversarial dispute resolution for children’s matters has been trending for decades because of its preservation of familial relationships, its timeliness […]
Can I be separated but still live with my ex? Separating from your partner while still living in the same house (known as separation under the one roof) is common and has become increasingly so due to COVID-19 lockdowns. Some reasons for this situation occurring include: Finances; Convenience; Staying together for the children; and One […]
Can I relocate with the children after separation? It’s not unusual for one parent to consider this. This could be to another suburb, interstate or even overseas. If you find yourself in this position and you are the primary caregiver for any children of the relationship, you may need to apply to the Federal Circuit […]
Can I open a bank account after separation? We get this question quite frequently and the short answer is yes. However, you need to be careful from where you are drawing money to fill your new personal account, and should always consider whether it is necessary before unilaterally doing so. Joint accounts One of the […]
My child wants to live with me after separation. Will the Court consider their views? When considering the best parenting arrangements for children, the Family Law Act directs the Court to consider the “best interests” of a child as the paramount, most important consideration. To identify what is in the child’s best interests, the Court must consider […]
Can a child be court-ordered to get vaccinated? In light of topical debate concerning mandatory COVID-19 vaccines, the Full Court of the Family Court of Australia made an important decision concerning the Court’s authority to make an order that a child be vaccinated, in cases where parents disagree. In Covington & Covington [2021] HCASL 179, the High […]
What happens if my Parenting Plan is breached? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal […]
The scheme for Capital Gains Tax (“CGT”) is derived from Part 3-1 of the 1997 Income Tax Assessment (1997 Act). In conjunction with the 1936 Income Tax Assessment (1936 Act), these two pieces of legislation are the national basis upon which all income tax matters are dealt with. Despite repeated calls for reform, Australia’s tax system remains complicated. The […]