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Will the Court make me refinance?

Long & Peng Case Note Recently, the Full Court of the Family Court of Australia at Brisbane (“Family Court”) decided an interesting case involving property matters. In this case, the Family Court dismissed an appeal from the Federal Circuit Court on the basis that there was not sufficient evidence to sustain the appeal, the original … Read more

Responding to a Domestic Violence Protection Order

I’ve been served with a Protection Order Application or a Temporary Protection Order. What should I do? It’s important to take the matter seriously and make an appointment to see a lawyer.  Domestic Violence Applications are treated seriously by the Courts in Australia. Once an Order is in place (temporary or final), the terms set … Read more

Division 7A Loans and Family Law Proceedings

In the breakdown of a relationship, the first thing to consider in the process of determining your entitlement to a property settlement is determining what property is available to be split. This property is called the “net asset pool”. A detailed article about what assets are included in a family property settlement can be found here.  … Read more

COVID-19 – Couples separating under one roof

There’s no question that separating from your partner can be expensive. There may be costs involved in moving house, separating your finances, getting legal and financial advice, not to mention the reality of an overall reduced household income. With the uncertainty surrounding job security with the corona virus or CoVID-19 crisis, many people may be … Read more

COVID-19 outbreak: Will it affect my family law matter?

The COVID-19 outbreak has affected society in a number of ways. For those with ongoing family law matters, you may be wondering whether the COVID-19 outbreak will affect your family law matter.  The short answer is yes, it may.   Does COVID-19 affect payment of child support?  The amount of child support that is paid and received may be affected if one or both parents have a reduced income, are not … Read more

Changing Final Parenting Orders

So you have Final Parenting Orders The Family Court and the Federal Circuit Court are two ways parties may get a Final Parenting Order. This can be either after a hearing or trial; or if both parties make a mutual agreement and turn it into Orders (Consent Orders). Final Orders will likely set out who … Read more

Exclusive occupation of former family home

In the recent decision of Perdicari & Perdicari [2019] FamCAFC, the husband sought leave to appeal orders made by the Federal Circuit Court of Australia which provided that the wife was to have exclusive occupation of the former family home. Brief Background The husband and wife married in 2004 and had three children. They separated … Read more