Mcphee Lawyers

Tag Archives: Implementation

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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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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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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