Historically, transferring assets into one of the spouse’s names has been used as a method to protects assets from a trustee in bankruptcy. However, in 2020 the Federal Court explored the circumstances where transferring the family home into the name of one of the spouse’s may not protect the bankrupt’s share of the house from
When applying to extend a family violence order, there are several important factors to consider when ensuring the safety and protection of affected parties. Family violence orders are typically issued under various state and territory laws, so the specific requirements and processes vary; however, there are some general considerations that you should consider: 1. Evidence
In Bahan & Pinder [2021] FEdCFamC2F (11 November 2021), Judge Taglieri considered whether a de facto relationship existed despite the parties living apart for extended periods of time and engaging in sexual encounters with other people. The applicant in this case was an administrative assistant, who lived in Tasmania, and the respondent a fly-in fly-out
Divorce and relationship breakdown can be very trying and stressful events. But did you know that in certain circumstances, the Family Court can have jurisdiction to settle disputes relating to a relationship breakdown where neither of the parties is an Australian Citizen, or even a permanent resident? Australia has an established Family Court to resolve
With vaccinations currently dominating the media, it’s only fitting that we add fuel to the fire by discussing it further in the context of a recent family law decision before the Federal Circuit Court of Australia. In Makinen & Taube [2021] FCCA 1878 (16 August 2021), Judge Taglieri heard a father’s application seeking sole parental
Schools often find themselves having to read and interpret family law court orders. There’s often a lot to consider including whether one parent has to authorise the other parent to collect the child from school, whether the school needs to send out two newsletters or reports, whether the school is to contact both parents in
At 12:00 pm on Thursday 12 August 2021, the ACT Government announced its first confirmed case of COVID-19 in a little over a year. Consequently, Canberrans were placed into immediate lockdown for seven days. At the time of writing this article, the lockdown has been extended for an additional 14 days following the confirmation of
Family violence is one of the most stressful things a person can experience but leaving your relationship shouldn’t (and doesn’t) mean you have to leave Australia. Domestic violence is a real and ongoing issue in our community but it cannot threaten your visa status. The Department of Home Affairs (DHA) is acting to both prevent
Very often we meet family law clients who have been forced to apply for family violence orders (FVOs) against their ex-partners. FVOs (sometimes also known as intervention orders) usually stop an ex-partner from being at or near the home of the person protected by the FVO. Just as often, we meet family law clients whose
For many parents, choosing a school for their child can be a difficult and confusing decision. There’s a lot to consider, such as the child’s needs and interests, and the family’s personal values, as well as more practical considerations such as location and fees. Each school is different and it’s common for parents to feel
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