Mcphee Lawyers

Tag Archives: Enforcement

Calculating time in family law matters

by Ensuring compliance with Court Orders can be a tricky beast if you do not know what you are doing.  Usually, there are consequences contemplated in the Orders if a party fails to comply with an action by a particular date/time.  A crucial, but often overlooked, part of all family law proceedings is correctly calculating the time by which actions provided
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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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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 2

by Part 2 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Binding Financial Agreements Last week, we reminded you that if you want to fully and finally resolve matrimonial or de facto property matters, you need to formalise your agreement by way of Consent Orders or a Binding Financial Agreement. So what is a Binding Financial
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 1

by Part 1 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Consent Orders     You need a Court Order or Binding Financial Agreement to have a legally effective property settlement. It is important to formalise the agreement reached with respect to the distribution of property (matrimonial or de facto). A document either handwritten or typed
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Australia v New Zealand:  Introducing the Trans-Tasman Proceedings Act 2010

Australia v New Zealand: Introducing the Trans-Tasman Proceedings Act 2010

by Australia and New Zealand have always had a close relationship. It is not uncommon for parties to have lived and/or owned property in both jurisdictions. So what happens when things fall apart, parties separate and orders are made in either Australia or New Zealand? Both Australia and New Zealand have introduced legislation aimed at facilitating recognition of civil orders made
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