Latest publications
Til Debt Do Us Part: The effective use and pitfalls of statutory demands
Introduction A creditor who is claiming a debt from a company will often want to employ the quickest and cheapest method of recovery and the risks, costs and length of time associated with commencing court proceedings may not be the most appealing option. Accordingly, many creditors will often consider issuing a company with a statutory…
The ABC of CGT in your family law property settlement
Tax costs have an effect on the property pool available for distribution. In property cases, the Court may take into account Capital Gains Tax (CGT) allowances when determining the asset pool. This article will set out how CGT is usually treated by the Court in family law property settlement proceedings…
Reheated Retweets: The Significance of a ‘Retweet’ in Employment
The CFMMEU Case In a recent case of the Fair Work Commission (FWC) (Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2018] FWC 6462), a ‘retweet’ by a member of the FWC, Senior Deputy President Hamberger, formed the basis of a submission by the Construction, Forestry, Maritime…
Competing Considerations: An Employee and her ‘Hobby Business’.
In the current age where any organisation, irrespective of size, can advertise to the world through the internet, the barriers to entry for “micro” or “hobby” businesses are lower than ever. Increasingly, employees are showing their ingenuity and entrepreneurship by setting up their own hobby businesses to the side of…
Crowd-sourced funding extended to private companies
From 19 October 2018, private companies can seek finance through the equity crowd-sourced funding (CSF) régime that was previously open only to public companies. CSF is a mechanism (an online platform) that allows eligible companies to raise capital by offering securities (only new ordinary shares) in the company to a large number of…
Is it okay to let your former spouse travel overseas with the children?
The short answer is no. Once a parent has left the jurisdiction of Australia with the children, the children may become the centre of an international child abduction and never be returned to Australia. International child abduction is a parent’s worst nightmare and causes severe psychological trauma to the children and the…
Show me the money: the consequences of failing to disclose assets in family law proceedings
Parties to financial family law cases have an ongoing duty to disclose the material facts relating to their financial position. This principle was stated in In the marriage of Briese, where the court said that “a person … has a positive obligation to set out at an early stage [their] financial…
What’s in a name? Changing your child’s surname after separation or divorce
Your child’s name can be changed where you have the consent of the other parent and the change of name is in the child’s best interests. Change of name without other parent’s consent In Chapman and Palmer, the Full Court of the Family Court held that a court will not prevent a parent from…
Domestic violence in financial cases in the Family Court and Federal Circuit Court of Australia
The Family Law Act 1975 established the ‘no fault’ divorce principle. This means that, unlike in some other jurisdictions, to establish grounds for divorce, courts do not have to consider which partner is to blame for the breakdown of a marriage. Where domestic violence can be a factor establishing ‘fault’ as grounds…
Preventing International Parental Child Abduction
Did you know that Australia has one of the highest rates of international parental child abduction in the world? Once a parent has taken their children out of Australia without the permission of the other parent or retained a child overseas outside of an agreement reached with the other parent, it may be…