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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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Just because you can, doesn’t mean you should: Unlawful Actions and Family Law

by Temptation is, well, tempting isn’t it? Especially where you are involved in a bitter dispute with an ex. who deserves everything they get. But remember, time passes and revenge is a dish best served cold. Also, keep yourself nice. So if you are thinking of yielding to committing the following unlawful acts, here’s some suggestions for resisting the temptation but
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Are your parent’s estates protected? Let’s talk GAU v GAV [2014] QCA 308

by Property adjustment proceedings - Husband’s mother’s Will altered The recently upheld appeal of GAU v GAV [2014] QCA 308 shines the spotlight on an incapacitated testator’s Will being changed, despite the effect a change may have on property adjustment proceedings in a family law matter. The Queensland Court of Appeal has upheld an appeal enabling a testator’s Will to be
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Short Term Gain, Long Term Pain: Why breaching Parenting Orders does not work

by Did you read the articles about Rebecca Minnock, the Somerset, England woman who “did a runner” with her 3-year old son when the Court ruled against her in parenting proceedings? Minnock and the child’s father had been engaged in a legal battle regarding his contact with the child.  In February 2015, the Court ruled she had fabricated allegations to obstruct
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Google Acts on “Revenge Porn”

by On 19 June 2015 Google issued a  public policy  advising that, contrary to their previous practice, they have now decided to honour requests from people to remove nude or sexually explicit images shared without their consent from Google search results. Google advises that in the coming weeks they will put up a web form people can use to submit the request.
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Jensen v Jensen: Application Dismissed

by We’ve all heard the media hype surrounding the Canberra couple, Nick and Sarah Jensen, who pledged to divorce if same sex marriage is legalised in Australia. In essence the couple, who claim to have a perfectly intact marriage and intend to continue their relationship, have vowed (no pun intended) to divorce if same sex marriage is legalised. Regardless of your
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