Mcphee Lawyers

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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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Valuation Disputes

by One of the first steps in determining how property  should be divided is to identify and value the assets of the parties. Preferably parties are able to agree on the value of assets and no formal valuations are required. When parties cannot agree on a value then the Family Law Rules 2004 set out the procedure for appointing a single
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Barnaby’s Benched!

by Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
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Rules of the Court cannot be instruments of injustice

by In the case of Whooten v Frost [2017] FamCA 975, the Court was asked to consider whether it had jurisdiction to determine the Wife’s application for property Orders in circumstances where:-   The Wife’s application was filed electronically at 7.40pm after the Court Registry had closed; Having suffered a serious farming accident, the Husband died only hours after the application
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Reach agreement and formalise your settlement before something happens

by The case of Holland and Holland [2017] FAMCAFC 166 is a strong example of why property matters should be resolved and formalised as soon after separation as possible. In this case the husband inherited a house from his brother’s estate, worth approximately $715,000, some three and a half years after separating from the wife. At first instance the trial Judge
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