Mcphee Lawyers

Tag Archives: Separation

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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There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
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Practice Management Hearings

by The delays experienced by some parents involved in parenting proceedings before the Federal Circuit Court and Family Court are leading to tragic outcomes for parents and children. For the Judiciary who have been appointed to make parenting Orders that are in the best interests of children, it is a sad irony that the family law system’s inability to resolve matters
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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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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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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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Parenting Plans – What are they? Considering entering into one?

by When separated parents agree on the future parenting arrangements for their children they do not need to go to Court for the agreement to be recognised. They have 2 options to reflect their agreement: enter a Parenting Plan; or enter into a Consent Order approved by a Court This blog focuses on Parenting Plans. The nature and requirements of a
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Are your parent’s estates protected? Let’s talk GAU v GAV [2014] QCA 308

by Property adjustment proceedings - Husband’s mother’s Will altered The recently upheld appeal of GAU v GAV [2014] QCA 308 shines the spotlight on an incapacitated testator’s Will being changed, despite the effect a change may have on property adjustment proceedings in a family law matter. The Queensland Court of Appeal has upheld an appeal enabling a testator’s Will to be
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Jensen v Jensen: Application Dismissed

by We’ve all heard the media hype surrounding the Canberra couple, Nick and Sarah Jensen, who pledged to divorce if same sex marriage is legalised in Australia. In essence the couple, who claim to have a perfectly intact marriage and intend to continue their relationship, have vowed (no pun intended) to divorce if same sex marriage is legalised. Regardless of your
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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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