February 13, 2017
Introduction In Marsh [2014] FamCAFC 24, the appellant wife sought to overturn the trial judge’s decision on the basis that it did not accord proper weight […]
February 10, 2017
Rose & Mitchell [2016] FCCA 771 is a first-instance decision that illuminates the court’s assessment of contributions in the context of a short relationship. In this […]
February 8, 2017
Interim re-locations may be justified when they are generally consistent with the longstanding arrangements: Larsson & Casey [2016] FamCA 971. Introduction This case involved an appeal […]
January 11, 2017
Legal Shield Family Law are experts in the family law sector, covering matters that include children, divorce, pre- and post-nuptial agreements, complex financial disputes and jurisdictional […]
December 5, 2016
Simplifying Family Law with Legal Shield Chris Ambas, CEO and founder of Legal Shield Family Law wanted to change the way that family law is practiced […]
October 10, 2016
The Court’s Inconsistent Approach to Parentage in Respect of Children Born from an Overseas Commercial Arrangement – Two Recent Victorian Cases Section 60HB of the Family […]
October 10, 2016
The concept of risk and how it affects the court’s discretion in making parenting orders Description: This blog examines the court’s approach to determining which orders […]
October 10, 2016
Introduction The duration of a maintenance order is not considerate in a vacuum. In Raine & Creed [2015] FamCAFC 133, the Full Court determined the question […]
October 10, 2016
Not all pre-mature distributions of property are added back to the asset pool as notional property This blog summaries the decision of Talbot & Talbot [2015] […]
October 10, 2016
Living separate financial lives and its effect on the court’s assessment of whether it’s just and equitable to make orders for a property settlement. Introduction Sections […]
October 10, 2016
The Assessment of Gifts Donated Later in the Relationship Introduction Property disputes in the family law context sometimes engage different areas of law. The Full Court’s […]
October 10, 2016
Post-separation domestic contributions are given a real, and not token, weight Introduction Oftentimes, the parties to a broken relationship will continue to make contributions after separation. The […]
October 10, 2016
Weighing substantial financial contributions against domestic contributions carried out under difficult circumstances Introduction The courts are required to assess the parties’ respective contributions in the context […]
October 10, 2016
“Special Contributions” in the Context of Big Money Cases This blog summarises the decision in Fields & Smith [2015] FamCAFC 57 and its implications for notion […]
October 10, 2016
Undue influence as a basis for setting aside a financial agreement Description: The decision in Saintclaire is an example of an applicant failing to establish that […]
October 10, 2016
Every single property settlement made by an Australian court will be influenced by two universal principles. The first is that courts will not make any order […]