Mcphee Lawyers

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Moving on? Why it is important to first resolve your property matters with your ex

by I read with interest a recent article, which has caused the alarm bells to ring for many parties involved in family law matters and concerns about the consequences of failing to resolve matrimonial or defacto property matters with an ex-spouse or partner before intermingling finances with a new partner. While the example set out in the article is atypical, it
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What is a Family Report?

by A Family Report is a report written by an independent expert to assist the Court in determining what parenting arrangements would best meet the interests of the child or children who are the subject of a parenting dispute. Report writers are usually experienced social workers or psychologists who are either in private practice or employed directly by the Court. When
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Changes to the Child Support (Assessment) Act 1989

by On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 came into effect which may have a significant impact on current and future Binding Child Support Agreements. Why do the changes matter? On 9 May 2018, the Family Assistance and Child Support Legislation Amendment (Protecting Children) Bill 2018 was passed into law and amendments were made to the
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Man sues wife for negligence after jumping from their Mercedes Benz

Man sues wife for negligence after jumping from their Mercedes Benz

by A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, if she had applied the brakes when she saw he was about to jump, his injuries would have
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Am I in a de facto relationship?

by This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each other, not related and where, having regard to all the circumstances of their relationship, they have a relationship
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A Lesson in Indemnity Costs Orders

by As set out in our previous blog post, the recent case of Graft & McCormick (Costs) [2018] FamCAFC 82 is a timely reminder that you should consider your prospects of success in every application you make (or defend) to the Court and to ensure that your proceedings are drafted correctly. What happened? At first instance, Graft & McCormick concerned four separate
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There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
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Federal Circuit Court of Australia and Family Court of Australia to be combined in 2019

by The Federal Attorney-General has announced that the Federal Circuit Court of Australia and the Family Court will be combined in 2019. This will, it is said, result in more cases being heard each year. The logic of this is not apparent. It seems unlikely that, absent further funding for more judges, the combination of the courts will lessen the long
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The Perils of Binding Financial Agreements – Why is Independent Legal Advice important?

by Binding Financial Agreements are a useful tool in family law as it enables parties to forego the need to apply to the Family Law Courts for Orders regarding their property and spouse maintenance matters in the event of a relationship or marriage breakdown.  As set out in our blog, section 90G of the Family Law Act 1975 (“the Act”) provides
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