To reseal or not to reseal? It is important to note the requirements of the various Australian states and territories, other than New South Wales, for a reseal of a grant of probate. When the deceased’s assets are located in the same place, this simplifies the process for the executor responsible for…
In any family law, de-facto matter or estate matter, we will ask you to enter into an agreement with us, which sets out in detail the basis of our charging and which we will ask you to sign before undertaking any specific work. We will generally charge you for work undertaken by a lawyer and non-professional…
The nature of family law work over the last two decades has been slowly but steadily changing, as parties in de facto relationships continue to rise in numbers, while the numbers of formal marriages continue to fall or have plateaued. Since the 1970’s, there has been a steady fall in the number of “crude”…
With the globalisation of family law, practitioners will often come across the difficult task of dealing with multi jurisdictional cases such as overseas orders, overseas property, overseas service, jurisdictional matters, enforcement, international marriage, divorce, custody and child support. This…
The unfortunate circumstances of suicide by drowning was the subject of Decision 637143 of the Australian Financial Complaints Authority. This decision provides an excellent example of the interplay between estates law and family law and details the complexities of "Binding Death Benefit Nominations".…
If you own real estate and/or assets, this means that you have an estate. It also means that you need an estate plan. Estate planning is not only integral to a comprehensive financial plan, but should also be a key part of your life plan. It enables you to define and live out your legacy with peace…
Following separation, high levels of stress, anxiety and depression are commonplace for parents. For Mothers and Fathers on the cusp of Parenting Orders, it is easy to be misled by preconceptions. Before seeking legal advice, it is important to separate the truth from the myths. This article will examine…
Several years ago, I acted for a husband in a family law property matter. He was in his 70s, a senior professional man. The wife was in her 50s. They had one adult child. As sometimes happens, there was not a lot of co-operation from one party, in this case the wife, in pursuing the matter. She was…
Over the past five years, couples have approached the Family Court of Australia seeking a declaration of parentage arising from surrogacy arrangements. But despite approaching the Court with very similar circumstances, the divergence in outcomes reflect the tensions between state and federal legislation,…
In Australia, the Child Support Registrar of the Department of Human Services (‘the Registrar’) is central authority responsible for overseeing the administration of child support and maintenance obligations. The administration and collection of child support is primarily pursuant to two pieces of legislation…