Mcphee Lawyers

Tag Archives: Family Law Act

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
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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
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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
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Budget, Super Reforms and Family Law

by The 2016/17 Federal Budget has made significant changes to superannuation, arguably the largest changes since the 2006/07 Budget. Some of the proposed changes may have a big impact on Family Law and the structure and form of property distribution in separating families. So what are the changes? A Lifetime Non-Concessional Contributions Cap Currently you can make non-concessional contributions to super
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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. 
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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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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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Adult Child Maintenance: Financial Support for children over 18

Adult Child Maintenance: Financial Support for children over 18

by The Child Support Agency deals only with the financial support of children under the age of 18 save where the child has turned 18 in which case it can continue until the last day of the high school year in which the child turns 18. So what if your child embarks on further study? Do parents have an obligation to
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