Mcphee Lawyers

Tag Archives: Property Settlement

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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Valuation Disputes

by One of the first steps in determining how property  should be divided is to identify and value the assets of the parties. Preferably parties are able to agree on the value of assets and no formal valuations are required. When parties cannot agree on a value then the Family Law Rules 2004 set out the procedure for appointing a single
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Rules of the Court cannot be instruments of injustice

by In the case of Whooten v Frost [2017] FamCA 975, the Court was asked to consider whether it had jurisdiction to determine the Wife’s application for property Orders in circumstances where:-   The Wife’s application was filed electronically at 7.40pm after the Court Registry had closed; Having suffered a serious farming accident, the Husband died only hours after the application
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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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Have you seen our snail ad?

by You may have seen our snail ad around town recently. If you did we hope you had a chuckle. If however, you feel like the snail with no shell why don’t you consider coming in to see one of our family lawyers for advice about your property entitlements? Our initial consultation gives you the time and opportunity to feel comfortable
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