Latest publications
Family Law | Top 5 ‘Did you knows’ about getting a divorce
1/ Did you know that you do not actually need the consent of your former spouse to get a divorce? In New South Wales, you can apply for a divorce together (with your former spouse) or by yourself (sole application). There are different obligations in each case particularly with respect to service so…
Family Law | It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will not be included in the property pool to be divided between the parties. The issue has been highlighted in many cases before the Family Court including inheritances, lottery wins and other ‘windfalls’…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…
Family Law | Spouse maintenance: 10 frequently asked questions
What is spouse maintenance? Spouse maintenance is money that is paid by one party to a marriage or de facto relationship to the other party, to support them financially after separation. It can be paid as agreed between the parties, otherwise the Family Court can order payment either periodically (such as…
The Fair Work Commission Kicks Off Review of Casual Terms in Modern Awards
The Fair Work Commission has today issued directions programming its approach to reviewing and varying modern awards in light of amendments to the passage of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021. The FWC has until 27 September 2021 to consider whether a “relevant term”…
Family Law | I want to relocate with my child — can I go?
Following separation, one of the parties may to want to move to another city or interstate. Sometimes this is triggered by an offer of employment; sometimes it is a desire to return to the parent’s own family, and at other times it might be just to get away from the old…
Federal Government responds to AHRC Respect@Work Report
The Federal Government has responded to the Respect@Work Report (the Report) which was presented to the Government by the Sex Discrimination Commissioner, Kate Jenkins, in March last year as part of the Australian Human Rights Commission’s (AHRC) landmark National Inquiry into Sexual Harassment in Australian Workplaces. Broadly, the AHRC made…
Family Law | What will the Court do if we can’t agree about our child’s religion?
Typically, Parenting Orders cover such matters as where the child will live; when they will spend time with the other parent and which school they will attend. And if religion is an important issue for parents, and the child is aged under 18 years, the Court has the power to make…
The Employment Reality of TV Fame
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…
Family Law | A word about gifts in your family law property settlement
Weddings, engagements, birthdays, Christmas … at some stage most of us will make a generous gift to a loved one. It could be cash for a house deposit, a car, a lovely piece of jewellery or a valuable family heirloom. This article looks at how the Family Court and Federal Circuit Court have treated different kinds of…