Mcphee Lawyers

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Who Pays The Costs?

by There is no dispute that Court proceedings can be a very expensive exercise.  Not only does it cost you time (there are a usually several preliminary Court dates before your actual hearing), but it can also cost you a lot of money.  So who pays for your legal fees? The general rule under the Family Law Act 1975 is that
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Parenting Arrangements over Christmas

by The closing date for Applications in the Family Court of Australia in relation to parenting matters, to be heard before the Christmas break, has now passed.  Applications may still be brought in the Federal Circuit Court of Australia, but unless there are circumstances of urgency it is unlikely that parenting applications will be listed for hearing until next year. If
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Objection to production of Wife's father's trusts. Husband's right of production prevails – Douglas & Ferris & Anor [2014] FCCA 2785 (19 November 2014)

by In Douglas & Ferris & Anor [2014] FCCA 2785 (19 November 2014), the Husband issued a subpoena to the Wife’s father to produce documents with respect to a number of family trusts in which the Wife was a beneficiary. The Wife’s father objected. Trust Deeds, relevance of the Deeds and privacy and oppression The first Deed was settled on 1 December 1976
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Object to production of Wife's father's Will (solicitor had deposed to contents of Will) – Sadek and Ors & Hall and Anor [2015] FamCAFC 23

by The case of Sadek and Ors & Hall and Anor [2015] FamCAFC 23 involved property proceedings between the Husband and Wife in the Family Court of Australia. In the course of seeking financial disclosure from the Wife, the Husband asked the Wife for details of her interest in the estate of her deceased father. The Wife’s position was that she did
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Getting your Application for Divorce Right

by Possibly the simplest application you can file in the Family Law Courts is the Application for Divorce.  The grounds for and requirements of a divorce are fairly straight forward, and the documents you need to file are not overly complex. Given same, the humble Divorce is arguably the easiest Application to get completely wrong.  Either the documents are completed incorrectly,
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Kern & Kern [2014] FCCA 1108 (30 May 2014) – Undervalued gift of real estate? Wife, her Father and his company referred to Office of State Revenue for Investigation

by This case is an example of where the interests of the State Revenue Office can be raised. The parties were married for 9 years and a major issue was whether substantial gifts from the wife’s family were to her alone or to the husband and the wife.  The wife argued that her contributions to the marriage were greater than that
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Fields & Smith: A Nail in the Coffin for “Special” Contributions

by Discussing Fields & Smith [2015] FamCAFC 57 The recent decision of the Full Court of the Family Court in the case of Fields & Smith has overturned the decision at trial that a husband’s ‘special’ skills warranted an adjustment of the assets of the marriage 60%/40% in the husband’s favour. The basic facts in Fields & Smith were unremarkable. The
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