Mcphee Lawyers

Tag Archives: Property

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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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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The Perils of Binding Financial Agreements – Why is Independent Legal Advice important?

by Binding Financial Agreements are a useful tool in family law as it enables parties to forego the need to apply to the Family Law Courts for Orders regarding their property and spouse maintenance matters in the event of a relationship or marriage breakdown.  As set out in our blog, section 90G of the Family Law Act 1975 (“the Act”) provides
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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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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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Considering Arbitration?

by Delays in the Family Court and in the Federal Circuit Court are at an all-time high. With insufficient numbers on the Bench and overwhelming workloads for Judges in both Courts, it is becoming increasingly common for matters to be in the system for up to 3 years before judgment issues. I have attempted to answer some of the questions put
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Objection to production of Wife's father's trusts. Husband's right of production prevails – Douglas & Ferris & Anor [2014] FCCA 2785 (19 November 2014)

by In Douglas & Ferris & Anor [2014] FCCA 2785 (19 November 2014), the Husband issued a subpoena to the Wife’s father to produce documents with respect to a number of family trusts in which the Wife was a beneficiary. The Wife’s father objected. Trust Deeds, relevance of the Deeds and privacy and oppression The first Deed was settled on 1 December 1976
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