Mcphee Lawyers

Tag Archives: Property Proceedings

14 years and $40,000,000 later - the most expensive divorce in Australia has finally concluded!

by The Family Court of Australia has finally ended Australia’s most expensive divorce. The case of Strahan & Strahan is exhausting.  The parties’ married in 1994 and separated in January 2005.  They divorced in 2006. Shortly after separation in 2005, the Wife filed proceedings seeking property Orders in the Family Court of Australia.  The fact that the litigation lasted longer than
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Cryptocurrency and Family Law

by Even though bitcoin has been around for at least 10 years it is a relatively new concept.  There is very little precedent in family law around cryptocurrency and its impact on family law related matters such as valuation, taxation consequences and disclosure issues.   So what is crypto currency? Cryptocurrency is a kind of digital currency, virtual currency or alternative
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Moving on? Why it is important to first resolve your property matters with your ex

by I read with interest a recent article, which has caused the alarm bells to ring for many parties involved in family law matters and concerns about the consequences of failing to resolve matrimonial or defacto property matters with an ex-spouse or partner before intermingling finances with a new partner. While the example set out in the article is atypical, it
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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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Am I in a de facto relationship?

by This is a question we are often asked by clients and in today’s society the answer is not always straightforward. Section 4AA of the Family Law Act defines a de facto relationship as one where the persons are not married to each other, not related and where, having regard to all the circumstances of their relationship, they have a relationship
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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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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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Be careful what you say

by   In the case of Jasper & Corrigan (2) [2007] FCCA Judge Altobelli considered whether recordings of discussions made by the Applicant about the nature of her relationship with the Respondent could be admitted into evidence. The Applicant claimed that the recordings were relevant to determine whether the parties were in a de facto relationship.   The Respondent contended that
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