Blog
Who has the right to make decisions about a deceased's body?
Understanding who holds the legal right to make decisions about what happens to the body of a deceased person is essential for ensuring the deceased's wishes are respected and avoiding disputes during an already difficult time.
Read more
Common causes of delays in progressing to mediation in family law matters
Once the initial stage of negotiation has taken place in a family law proceeding, the parties will move toward mediation to achieve a more structured outcome. One of the most common frustrations is the gap between negotiations and attending mediation.
Read more
Advantages of professional advice when making a Binding Death Benefit Nomination
When considering a Binding Death Benefit Nomination, professional advice can be valuable to ensure the nomination is valid, complies with relevant legislation, and fits within your broader financial and estate planning strategy.
Read more
I made the money in our relationship so do I get more after separation?
When separating from your partner, you may find yourself asking, “I made the money in the relationship, so why can’t I keep it?” Whilst this seems like an easy question, when it comes to financial settlements in family law, the answer is not always as straightforward as it may seem.
Read more
Can I sell property of a deceased estate before probate is granted?
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
Read more
Navigating cryptocurrency in family law property settlement
Cryptocurrency is increasingly making its way into family law matters and cases in Australia. If you are about to start, or have already commenced family law property settlement after separation, and you have cryptocurrency holdings, you may be wondering how the Federal Circuit and Family Court of Australia view these holdings.
Read more
Executor duties when dealing with property of a deceased estate
In NSW, an executor of an estate has several responsibilities when handling the real estate of the deceased. Beyond simply selling the property, they must carefully manage it to protect its value and comply with the legal requirements imposed on them as the executor.
Read more
Risks of buying a property before selling your existing property in NSW
Deciding to purchase a new property before selling your existing one can be tempting, especially if you've found your dream home and don’t want to miss out. However, if the funds from your current property’s sale are needed to finance the new purchase, this can come with considerable financial and legal risks.
Read more
Reconsideration of final parenting orders
One of the notable changes to the Family Law Act, which came into effect in May 2024, was the insertion of a new section, s 65DAAA, which deals with the reconsideration of final parenting orders.
Read more
Determining best interests of the child in family law parenting matters
When separated couples are in dispute about parenting arrangements, they may have to make an application to the Court to make a decision for them. When making its decision, the Court must only make orders that are in “the best interests of the child”.
Read more
Land tax implications when a property owner moves into aged care
When a family member or other loved one moves into aged care, there are several important considerations surrounding their home, including in relation to land tax. We outline some of the possible land tax implications you need to be aware of when a property owner transitions into aged care.
Read more
Understanding supervised time in family law parenting matters
Supervised time is a parenting arrangement in which a parent can spend time with their child, but only in the continual presence of another adult. This adult may be a professional supervisor, or an agreed family member or friend who is responsible for ensuring that the child is safe and that the time spent together is positive.
Read more