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Recent Family Law Case Updates

Please click on the links below to view Family Law case updates: Case Update # 1: Spousal Maintenance, Silver & Woden [2015] FamCA 6 Case Update # 2: Property, Sitwell & Sitwell [2014] FamCAFC 5 Case Update #3: Hoffman & … Continue reading

Proposed amendments to the Family Law Act for victims of Family Violence  

  The Federal Government is currently in the process of amending the Family Law Act to protect victims of Family Violence from being cross examined by their abusers. The proposed legislation will prevent a perpetrator of family violence from directly … Continue reading

What can I do if my ex refuses to leave our house after separation or before divorce?

When couples separate and are likely to divorce, one of them usually leaves the home and other remains there until property disputes are resolved or orders are made by the Court.  So for some couples, where one person announces they … Continue reading

How Counsel Family Lawyers can help you if your former partner becomes bankrupt during your Family Law matter

What happens when your former partner goes bankrupt prior to or during your family law proceedings? Do you lose all of your assets and join a long list of creditors in the hope of receiving a small share of the … Continue reading

COMPANY DEBTS and DIVORCE: WHO’s RESPONSIBLE?

PART ONE: COMPANY LOAN ACCOUNTS Counsel Family Lawyers frequently advises clients who have borrowed money from their family company, often as a director of that company.   Sometimes these clients are the unwitting recipients of company loans. The majority of Australian … Continue reading

The High Court of Australia to determine the issue of duress and Financial Agreements

Thorne v Kennedy [2017] HCATrans 148 (8 August 2017) In the case of Thorne v Kennedy [2017] HCATrans 148  the High Court of Australia is considering the issue of what constitutes “duress” when it comes to challenging the binding nature of … Continue reading

What if I have experienced family violence? Can I still mediate?

This is a vexed question.  When answering it, at the heart of every answer must be the concept of family safety, not just victim safety but also that of the children who are usually victims of the violence as well … Continue reading

Enough about the Plebiscite Already! This is a Human Rights Issue…

I get it.  I really do.  There are sectors of our society that hold fast to the belief, born of religion or otherwise, that marriage is and should ever remain exclusively as between a man and a woman.  As a … Continue reading

Sometimes Pollyanna has no role to play in a separated family

There are some cases where the enmity between the separated parents is just too great and where their own emotional needs are so great and their behaviours are so damaging that they cannot see the wood for the trees. Whilst … Continue reading

Children – Do they have to go or can they stay?

How the Hague Convention Works in Australia and how Counsel Family Lawyers Can Assist I have previously blogged on the fall out of Hague Convention cases and inter country marriages.  There have been two highly publicised cases in Australia in … Continue reading

7 steps to a faster settlement: How Counsel Family Lawyers can work with your Accountant

We understand that separating can be a stressful and time-consuming process for many clients. However, there are things that you and your accountant can do to avoid delays (and therefore costs!) in resolving your financial matters with your ex. Here … Continue reading