Mcphee Lawyers

Tag Archives: Just And Equitable

The hidden cost of representing yourself in family law matters

by It is common at the Family Law Court and the Federal Circuit Court for at least one party to be a self-represented litigant (“SRL”). Litigants may choose to represent themselves for a range of reasons including: They cannot afford legal representation and do not qualify for a grant of legal aid. Some litigants simply have no other option; or They
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Fields & Smith: A Nail in the Coffin for “Special” Contributions

by Discussing Fields & Smith [2015] FamCAFC 57 The recent decision of the Full Court of the Family Court in the case of Fields & Smith has overturned the decision at trial that a husband’s ‘special’ skills warranted an adjustment of the assets of the marriage 60%/40% in the husband’s favour. The basic facts in Fields & Smith were unremarkable. The
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No Guarantees – Even in a Long Relationship

No Guarantees – Even in a Long Relationship

by In the Western Australian case of Fielding and Nichol (2014) FLC 93-617, Thackray CJ dismissed an application brought by the de facto husband in a 12 year relationship. Relying on s79(2) (requiring the Court not to make an order unless  it is satisfied in all the circumstances it is just and equitable to do so) and applying the recent case
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