Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 1 min readEstate and family law planning for the ‘great wealth transfer’
Lawyers are seeing an unprecedented demand from clients for wealth protection plans to ensure their legacy is carried out upon death.
By Niki Schomberg and Chelsea Baker - 1 min readThe complexities of granny flat interests
Granny flat arrangements can address socio-economic issues but complex legal and financial issues can arise when parties fail to document their arrangement.
By John Clarke and Abby Landy - 2 min readFamily Law Act reforms: An important moment for ICLs
Changes to the Family Law Act will come into effect on 5 May 2024. There’s a new mandatory requirement for independent children’s lawyers to meet…
By Alexandra Colquhoun - 2 min readIs it safe enough? Changes to the Family Law Act
A critical analysis of the significant reforms intended to help simplify a complex family law system.
By Gabrielle Craig and Amy Power - 2 min readCorporate structures and complications in family law settlements
When dealing with family law settlements, practitioners should obtain expert advice on corporate structuring and how to divide property in a tax effective manner.
By Niki Schomberg and Rachell Davey - 2 min readBusting the trust: Property under section 79 Family Law Act
It is uncertain when a court will find a spouse’s bare rights under a discretionary trust are capable of constituting property under s 79.
By Farid Assaf SC - 2 min readUnderstanding coercive control: Recent Family Law jurisprudence
Reforms criminalising coercive control are expected to commence mid-2024.
By Alexandra McCosker - 2 min readDuel to the death: De facto relationships and disputes over inheritance
Spouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.
By Jennifer Vuu - 2 min read‘Best practice’ when acting for spouses in property transactions
When acting for married couples in a property transaction, it’s best to obtain instructions from both clients even if one spouse is more proactive.
By Rebecca Mostyn - 2 min read