Michael Kirby breaks old ground

August 10th, 2009

The former High Court judge is reported to have stated that Australia should follow the English model of dispute resolution by encouraging mediation and arbitration. Australian lawyers have been successfully using mediation for years. Family Court practices dictate the use of alternate dispute resolution before a judicial determination. Lord Woolf’s lessons were [...]

Income disparity

July 21st, 2009

The Australian Institute of Studies has released a study confirming the long held view that divorce has lasting impacts on women’s income levels compared with their male partners. The information collected to reach this conclusion was compiled since 2001. There has, of course, been major legislative change in the form of the `shared [...]

Review of children’s provisions

July 16th, 2009

The Institute of Family Studies has been requested by the Federal Attorney General to review the 2006 amendments to the Family Law Act, sometimes called the shared care amendments.
I am confident that the Institute can cut through the self-interested anecdotal based lobbying to reach a sensible conclusion. Anecdotes are typically boring and irrelevant. [...]

Work to rules

July 14th, 2009

It happened again to us last week. A judge with a whole day to spend hearing a complex interim issue told the parties that if the hearing goes beyond 4:30pm that the issue will be part-heard before him and not completed until December. He had not read the material and clearly had little [...]

6th Annual Lexis Nexis Family Law Summit

June 24th, 2009

On 19 June 2009, Family Law Department Special Counsel Adam Cooper chaired the parenting section of the 6th Annual Lexis Nexis Family Law Summit, held at the Marriott Hotel, Brisbane. Speakers included Federal Magistrate Michael Baumann, Professor Mark Henaghan (Dean of Law at Otago University) and Psychologist Denise Britton. Adam spoke on the effects of [...]

No going back

June 22nd, 2009

As reported today in the Sydney Morning Herald, it seems that Brian Myerson has paid a significant price for his philandering ways. He took the ‘box’ rather than the ‘money’ only to find the shares contained in the box became worthless.
This underlines the need to carefully consider the structure of property settlements. At [...]

De Facto Property Proceedings – The State Courts will hang on

May 6th, 2009

It may be that we family and relationship lawyers had a collective sigh of relief with the passage and commencement of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. Practised in the streamlined rules and procedures we are accustomed to in the Family Court and the FMC, many of us [...]

Kennon v. Spry – The High Court and discretionary family trusts

March 2nd, 2009

Discretionary family trusts are not uncommon. Whether created for some tax benefit, or to avoid other imposts on transfer or disposition, these trusts often play an important role in the asset management of a family.
Generally speaking, the trustee holds the legal title of certain property and has an absolute discretion to apply the income or [...]

Property settlements, property orders and the Global Economic Crisis

January 27th, 2009

Somewhat stating the obvious, large accounting firms are predicting significant underperformance for many businesses reliant upon consistent cash flow and liquidity during this current economic crisis. Relationships, too, require cash flow and liquidity, and it will not surprise us if there is a larger volume of work in family law as a consequence of underperforming [...]