Latest publications
Are dismissals genuine redundancies when employees have rejected a pay cut?
Consider this situation. You run Company A. Your business involves supplying a service to Company B. You have been providing this service at a set price for a number of years and engage a team of employees to facilitate the delivery of the service. Due to reasons outside of your control Company B indicates that…
Court rules that the minimum lot size development standard applies to strata subdivision
Why is this decision important? Many Applicants seek to strata subdivide multi dwelling housing or dual occupancies as a component of a development application, or after construction of the residential accommodation. Some LEPs have specific provisions about strata subdivision in particular zones, however in this decision the focus was clause 4.1 of the…
Approach to classifying land as “residential” or “business” is confirmed
Approach to classifying land as “residential” or “business” is confirmed: Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney City Council [2017] NSWLEC 75 Why is Karimbla important? Justice Sheehan confirmed the approach to determining when to categorise land as “residential” under section 516 of the Local…
Relocating children overseas after divorce
In Brief As more families become “international” many are faced with the dilemma that on divorce (or separation) one partner wants to go “back home” with the children and the other wants them to stay here. This article outlines what to consider if you’re thinking about leaving Australia. Globalisation has led…
How to find a family lawyer and make the most of your first conference
In Brief Selecting a family lawyer is not a simple matter; you don’t take the first you find in your internet search. Preparation before your first conference with your lawyer can also ensure the conference is productive and you get the answers you are seeking. You should take time to select a lawyer best…
Death of ‘special contributions’
In Brief For a long time, there has been a debate in the family courts between those who believe that a court needs to recognise special and exceptional contributions and others who say there should be no recognition of such a beast. Those who don’t support it say that to recognise the existence of…
Spouse Maintenance — FAQs
In Brief- What is Spouse Maintenance? Spouse maintenance is money paid by one spouse or de facto partner to the other spouse or de facto partner, usually on a weekly or monthly basis, to meet his or her reasonable living expenses. How can I apply for maintenance? You are not automatically entitled to…
Divorce — FAQs
Am I eligible to apply for divorce in Australia? If you want to apply for a divorce in Australia either you or your spouse need to have some connection with Australia. Usually this means that at least one of you: regards Australia as your home and intends to live here indefinitely; or is an Australian…
My bags are packed, I’m ready to go. Should I stay or can I go?
In Brief After separation, it is not unusual for one party to want to move from the city or town in which the family resided, to another city or state – often to return to the parent’s own family of origin. This is called relocation in family law. In almost all…
Halo, it’s Rumi and Sir Carter — Beyonce’s babies set to run the world
What more could a famous celebrity with an impressive fortune want – a trade mark registration for their newborn children! Welcome to the world US Trade Mark Application Numbers 87506186 and 87506188 (that’s Rumi and Sir Carter to you and me). On 26 June, fans reportedly uncovered the names of Beyonce’s baby twins…