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Property Settlement

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Are financial contributions seen as equal to those as homemaker in family law property disputes?

  • Post author:admin
  • Post published:July 26, 2014
  • Post category:Family Law

In Hoffman [2014] FamCAFC 92 (27 May 2014) the Full Court (Faulks DCJ, Murphy and Watts JJ) considered an appeal by a litigant in person where Brewster FM (as his…

Continue ReadingAre financial contributions seen as equal to those as homemaker in family law property disputes?

Wife spends $137,421 of husbands superannuation payment without his knowledge

  • Post author:admin
  • Post published:July 7, 2014
  • Post category:Family Law

Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a…

Continue ReadingWife spends $137,421 of husbands superannuation payment without his knowledge

De facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

  • Post author:admin
  • Post published:July 3, 2014
  • Post category:Family Law

De facto husband entered into a personal insolvency agreement to frustrate the effect of a partial property settlement order – Family Court of WA considers interaction between Bankruptcy Act 1966…

Continue ReadingDe facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

Spousal maintenance

  • Post author:admin
  • Post published:May 27, 2014
  • Post category:Family Law

Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust –…

Continue ReadingSpousal maintenance

Self harming de facto partner restrained from being present during childrens time with father

  • Post author:admin
  • Post published:May 13, 2014
  • Post category:Family Law

Children – Father’s self-harming de facto partner restrained from being present during children’s time with father – Restraint granted despite evidence of psychiatrist and family report writer that de facto…

Continue ReadingSelf harming de facto partner restrained from being present during childrens time with father

Property Law – Full Court upholds appeal as to assessment of post-separation contributions

  • Post author:admin
  • Post published:May 13, 2014
  • Post category:Family Law

Property Law Dispute Full Court upholds appeal as to assessment of post-separation contributions where parties had been separated for 10 years – Disparity between wife’s Newstart allowance (and child’s board)…

Continue ReadingProperty Law – Full Court upholds appeal as to assessment of post-separation contributions

Wifes distribution from family trust to pay school fees not added back but treated as a contribution

  • Post author:admin
  • Post published:July 25, 2013
  • Post category:Family Law

Wifes distribution from family trust to pay school fees not added back. Her payment of school fees in advance treated as a contribution under Section 79 (4) In Alexiou [2012]…

Continue ReadingWifes distribution from family trust to pay school fees not added back but treated as a contribution

Husbands high earnings throughout long marriage not allowed as special contributions

  • Post author:admin
  • Post published:May 17, 2013
  • Post category:Family Law

Property – Husband’s high earnings throughout long marriage not allowed as “special contributions” In Newman [2013] FamCA 37 (30 January 2013) the husband argued that his high earnings throughout the…

Continue ReadingHusbands high earnings throughout long marriage not allowed as special contributions

Cohabitation agreement under Property Law Act 1974 QLD not recognised

  • Post author:admin
  • Post published:May 16, 2013
  • Post category:Family Law

Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012]…

Continue ReadingCohabitation agreement under Property Law Act 1974 QLD not recognised

Husbands Inheritances represented almost half of large asset pool

  • Post author:admin
  • Post published:May 13, 2013
  • Post category:Family Law

Property – Husband’s inheritances represented 43.5% of $2.7m pool – Long marriage – Contributions assessed 70/30 in his favour – Adjusted for wife’s limited employment opportunities In Dinsmore [2012] FamCA…

Continue ReadingHusbands Inheritances represented almost half of large asset pool
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