Latest publications
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 be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
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 be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
I’m late complying with Family Court Orders, no one will mind
Not necessarily. In a recent Family Law case the husband found out the hard way that he should not have delayed complying with Court Orders for his property settlement. The case of Blackwell & Scott [2017] FAMCAFC 77 involved a couple who at the end of their 10 year de facto relationship agreed to a property…
I’m late complying with Family Court Orders, no one will mind
Not necessarily. In a recent Family Law case the husband found out the hard way that he should not have delayed complying with Court Orders for his property settlement. The case of Blackwell & Scott [2017] FAMCAFC 77 involved a couple who at the end of their 10 year de facto relationship agreed to a property…
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 be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
Thorne v Kennedy [2017] HCA 49
Background The parties met over the internet in 2006. Ms Thorne, an Eastern European woman, was 36 years old and was living in the Middle East. She had no substantial assets. Mr Kennedy was a 67 year old property developer, with assets worth between $18 million and $24 million. Ms Thorne relocated to Australia in…
Brands as a Legal Asset
Introduction Brands are an intellectual property asset. Unfortunately they rarely appear on a company’s balance sheet. As a consequence, brands may often be inadequately identified, valued, protected and exploited. Bearing this in mind, it is wise to institute a program to protect and nurture your brands. Identification It is important to carry out a regular…
The Art of the Deal Sheet: 10 Key Negotiation Points
Deal sheets, terms sheets, heads of agreements, letters of intent, memorandums of understanding, deal memos – whatever you call them, these typically short and simple documents play a vital role in the direction and outcome of a corporate transaction. From our experience, when negotiating a potential deal and putting together a terms sheet for…
Quirks in modern awards #1: One month’s notice of termination under the Professional Employees Award
The majority of employees in Australia are covered by an industry / occupation specific modern award. Whilst many of the awards contain similar provisions, in this series of occasional articles we examine unusual award clauses which are sometimes missed by employers. Most modern awards contain wording in relation to notice along…
Quirks in modern awards #2: Five or six weeks’ annual leave under the Nurses Award 2010
The majority of employees in Australia are covered by an industry / occupation specific modern award. Whilst many of the awards contain similar provisions, in this series of occasional articles we examine unusual award clauses which are sometimes missed by employers. Most modern awards contain wording in relation to annual leave…