Latest publications
The Role of Expert Evidence in Family Law
If you are separated and looking to obtain a final property settlement, the very first step you will be required to take is to identify the matrimonial asset pool. This involves identifying each of your respective assets, liabilities, financial resources and superannuation interest in order to ascertain the net assets that…
But What Does It Mean? Interpreting Binding Financial Agreements
Parties generally enter into Binding Financial Agreements at the beginning of a relationship, to protect the assets they bring into the relationship, and to govern how assets acquired after the commencement of the relationship are to be divided, in the event the relationship breaks down. While these Agreements are supposed to make…
You say tomato, I say tomahto: The battle of the forms and building contracts
Introduction In the recent decision of Stepanoski v Aslan [2018] NSWSC 1160, the New South Wales Court of Appeal had to grapple with whether: (a) the parties involved were bound by the first building contract that they signed; or (b) whether the subsequent contract, which was signed by the parties later and backdated…
Death and family law property proceedings
If you and your former partner are unable to agree to the terms of a property settlement, one of you will have to apply to the court for property settlement orders. Litigating family law proceedings can be a lengthy exercise, but what happens if proceedings have been commenced and then a party to…
Cross all t’s, dot all i’s: Personal guarantees gone wrong
Introduction There are occasions, especially for small to medium size enterprises, where the company’s director or directors have to provide a personal guarantee in order to obtain finance and/or goods and services on credit. A personal guarantee empowers the lender or supplier to make the guarantor pay, on demand, all or part…
Appeals: a useful lesson
The decision of PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 highlights the difficulty of raising new issues on appeal, in so far as a party will (generally) be bound by the way in which it conducted its case at first instance. The facts Bastow Civil Constructions…
I’m broke, baby: bankruptcy and the right to litigate family law proceedings
It is not uncommon for you and your former partner to find yourself in tight financial circumstances following separation. You, or your partner, may well feel like you are broke. But what happens when things go beyond being broke? The recent Family Court decision of Sloan & Sloan looks at how proceedings…
Family Law Publication Restrictions: What’s private and what can be posted?
Parties to Family Law proceedings often confide in their loved ones for comfort and support during what is a stressful and emotionally charged time. Whilst the warmth and empathy of family and friends is invaluable in managing the challenges of a family breakdown, parties to Family Law proceedings should be aware that…
Children’s wishes in Family Law matters: will your child’s wishes be considered by the Court?
If you are experiencing a family breakdown, it is likely that you are facing one of the most challenging and stressful times in your life. It is important to remember that this stress and grief is not only limited to you and your former partner or spouse, but also extends to…
Use it or lose it; a recent case on the law of adverse possession
In New South Wales law it is possible for you to become the owner of land by ‘adverse possession’. Adverse possession, also known as ‘squatters’ rights’, allows someone to legally take ownership of land they have occupied exclusively for at least 12 years. In other words, it is essentially a case of…