Blog
Should I have a lawyer for my family law mediation?
Mediation is a popular method of dispute resolution for family law matters. Despite it being more efficient and cost-effective than court proceedings, it’s common for parties to a family law dispute to be unsure where to start.
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Timing the withdrawal of your superannuation to be tax effective
As the population ages, the issue of timing the withdrawal of funds you’ve accrued in your superannuation account(s) becomes more important. Withdrawing from your super too early, you may miss out on the favourable tax treatment. Not withdrawing in time and your money may be subjected to tax which might otherwise not have applied.
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Understanding deposit bonds in real estate transactions
A deposit bond is an alternative to the traditional cash deposit paid when entering into a real estate contract. This article demystifies the concept, shedding light on what it entails and providing valuable insights for clients considering its use in real estate transactions.
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Retaining assets in joint names after separation or divorce
When a separation or divorce is being considered, a common question often arises of whether parties can keep assets in joint names, even after finalising their family law property settlement. In this blog, we explore the risks of retaining joint assets after separation or divorce.
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When should I review my Binding Death Benefit Nomination?
If you’ve made a Binding Death Benefit Nomination to deal with superannuation fund moneys after death, and you’ve either nominated your legal personal representative in your Will or a particular person, then just like your Will, it may need to be reviewed and revised from time to time.
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How can I stop my kids from challenging my Will?
Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
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Duties of a trustee
In very general terms, a trustee holds assets of a Trust, manages those assets and deals with the capital and income in accordance with the terms of the Trust. The trustee owes a duty directly to the beneficiaries and must always act in the best interest of those beneficiaries.
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What is a partial property settlement?
Even the most amicable of family law matters can take a significant period to be finalised by way of Court Orders. A common question we are asked is, "How do I pay my expenses and legal fees until the completion of my matter?" One option may be to apply for partial property settlement.
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Disclaiming an inheritance left to you in a Will
You may think that it is strange to consider not accepting a gift, whether it is under the terms of a Will or where there is no Will. But there can be very good reasons to disclaim an inheritance.
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Are the views of the child considered in family law proceedings
When making Parenting Orders in relation to a child, the Family Law Act requires the Court to regard the best interests of the child as the paramount consideration. In doing this, the Court may give consideration to the views of the child.
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What is an Independent Children’s Lawyer?
An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
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Landmark family law reforms passed in October 2023
On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.
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