Mcphee Lawyers

Tag Archives: Family Law

Superannuation Splitting Orders - Bulow v Bulow

by In property proceedings, the Court may make such orders as it considers appropriate in relation to the property of the parties of the marriage or relationship, which may alter the interests held.  It is, however first necessary to identify and value the existing legal and equitable interests each (or both) of the parties have in the property of the parties
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What is a Family Report?

by A Family Report is a report written by an independent expert to assist the Court in determining what parenting arrangements would best meet the interests of the child or children who are the subject of a parenting dispute. Report writers are usually experienced social workers or psychologists who are either in private practice or employed directly by the Court. When
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Man sues wife for negligence after jumping from their Mercedes Benz

Man sues wife for negligence after jumping from their Mercedes Benz

by A recent ABC News article reports a NSW man jumped from a moving car during a heated argument with his wife. The car was travelling at 50km per hour and he sustained serious injury. He sued his wife for negligence arguing that, if she had applied the brakes when she saw he was about to jump, his injuries would have
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A Lesson in Indemnity Costs Orders

by As set out in our previous blog post, the recent case of Graft & McCormick (Costs) [2018] FamCAFC 82 is a timely reminder that you should consider your prospects of success in every application you make (or defend) to the Court and to ensure that your proceedings are drafted correctly. What happened? At first instance, Graft & McCormick concerned four separate
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There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
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Barnaby’s Benched!

by Personally I would rather watch paint dry than hear another news story about Barnaby Joyce’s personal life or the personal lives of those around him however, regardless of your views on the Barnaby Joyce saga, the factual scenario presents an interesting situation in the context of family law proceedings. Let’s assume that Barnaby’s pregnant partner, Ms Campion, was overwhelmed by
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Reach agreement and formalise your settlement before something happens

by The case of Holland and Holland [2017] FAMCAFC 166 is a strong example of why property matters should be resolved and formalised as soon after separation as possible. In this case the husband inherited a house from his brother’s estate, worth approximately $715,000, some three and a half years after separating from the wife. At first instance the trial Judge
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Practice Management Hearings

by The delays experienced by some parents involved in parenting proceedings before the Federal Circuit Court and Family Court are leading to tragic outcomes for parents and children. For the Judiciary who have been appointed to make parenting Orders that are in the best interests of children, it is a sad irony that the family law system’s inability to resolve matters
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What's new in family law?

by The Federal Circuit Court of Australia has issued a new practice direction setting out arrangements for the management of interim proceedings in family law matters. The Practice Direction commences on 1 January 2018, and can be found on the Court website here, No. 2 of 2017 Interim Family Law Proceedings (from 1 January 2018). The Practice Direction applies for all
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