Mcphee Lawyers

Tag Archives: Case Law Update

Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
Tags: , , , , , , , ,
Read More

Separation on overseas holiday! What happens? Hague Child Abduction Convention

by Many children in Australia have parents that were born in a foreign country. It is common for these families to travel to the home country with the children for holidays or for the parents together with their children to move overseas for an extended stay. What happens if a separation occurs while the family is outside Australia and one parent
Tags: , , , , , , , , , , , , , , , , ,
Read More

Great Scott! Can the Court order a property settlement after 30 years of separation?

by It is not often that the tabloid newspapers report on family law matters, particularly matters at first instance, however the recent Federal Circuit Court of Australia judgment of Scott & Scott [2016] FCCA 1659 was featured in the Daily Mail Australia on 13 July 2016. While not a landmark decision, the Scott case is a timely reminder that disputes about ownership of
Tags: , , , , ,
Read More

To vaccinate or not – let's look at Arranzio & Moss [2015] Fam CA 544

by The issue of vaccinating children is a hot topic currently particularly given the impact it now has on Government benefits. The Family Court of Australia in the matter of Arranzio & Moss [2015] Fam CA 544 touched on the issue. This was a parenting dispute in relation to a 6 year old boy. The parties had diametrically opposed parenting approaches. 
Tags: , , , , , ,
Read More

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
Tags: , , , ,
Read More

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
Tags: , , , , ,
Read More

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
Tags: , , , , , , , ,
Read More

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
Tags: , , , , , ,
Read More