Generally, the court is of the view that Final Court Orders are exactly what they are named after ‘Final’. Therefore the court is usually reluctant…
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Family provision claim often commences by persons who intend to challenge the will of a deceased in the event the deceased failed to adequately provide…
The outbreak of Coronavirus and the subsequent widespread lockdown certainly affects different aspects of life. As people navigate through this unprecedented crisis, more people are…
Often one party to a separation may wish to move overseas. One of the arising issues to consider during an international divorce is which country…
In deciding whether to make a particular parenting order, the Court is to regard the best interests of the child as the paramount consideration. The…
In light of the concurrent tragic news surrounding domestic violence, it is clear that resolving parenting and financial disputes between married or de facto parties…
In matters of family property dispute, the Court considers several important issues to determine how to divide an asset pool. The Court’s approach is a…
In this day and age, parties to a family law matter may need to wait for their day in court for up to three years…
How do you or your family assess the testator’s capacity when drafting a will? In the will-making process, a solicitor must confirm the cognitive capacity…
In New South Wales, family provision claims are brought by the deceased’s spouse or children or someone who had lived with the deceased in a…
When one party in family law proceedings fails to appear in court whether at the interlocutory, application in a case or final hearing, the court…
Discretionary trust assets are not generally characterised as the property of the beneficiary. They have often been used as part of an asset protection strategy…
Discretionary Family Trusts (also known as inter vivos trusts) are a popular business and investment structure in which the trustee holds assets in trust for…
With the increased number of blended families in our society, the question of who is an “eligible person” particularly with respect of children, stepchildren and…
The High Court decision in Kennon v Spry [2008] HCA 56 is one of the very few decisions of the High Court on appeal from…
Parents of adult children often find themselves in a situation where their adult child may require financial assistance. Parents are sometimes the only ones able…
With an aging population living longer, extra care and costs of care particularly of parents may be needed especially if parents’ are no longer able…
Thorne v Kennedy [2017] HCATrans 54 The Full Bench of the High Court recently heard arguments of both parties in relation to two pre-nups, binding…
Nothing creates more family disharmony than a challenge to a Will or to assets held outside the estate. It is one of the greatest fears…
If you hold assets in a family trust, you must think about what will happen to the trust in the event of your death. The…
