Legal professional privilege protects certain communications between a client and their lawyer. Unless privilege is waived, other parties cannot access or use those communications.
Given one of the foremost academic commentators on family law in Australia, Professor Patrick Parkinson, has entitled an article ‘Why are decisions on family property so inconsistent?’, it is not surprising that so many clients are confused and worried about what their or their ex-spouse’s property settlement entitlements might be if their relationship fails.
Clients often ask me variations of the question ‘Aren’t I/my ex entitled to 50% of the assets just because we were married or lived together?’.
While we find out tomorrow whether most Australians approve of same-sex marriage, a ‘yes’ outcome will have little impact on the family law entitlements of separated same-sex couples.
In Thorne v Kennedy [2017] HCA 49, the High Court determined that two financial agreements were voidable due to an inequality of bargaining power and a lack of fair or reasonable alternatives available to one of the parties. If there is a significant power imbalance, parties to a relationship should consider whether it is prudent to have a financial agreement or if there may be preferable alternatives to quarantine their wealth.
It can be a distressing experience for the victims of family violence to cross-examine, or be cross-examined by, their violent former partner in family law proceedings. The Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017 purports to address this concern by allowing self-represented litigants to ask and respond to questions from a third party appointed by the court.
In a move to assist family law dispute resolution, Attorney-General George Brandis on behalf of the federal government has announced on Friday a $9.87 million funding package.
We are often contacted by parents and members of the community querying whether they should inform the Department of Communities, Child Safety and Disability Services over concerns about a child’s welfare.
The recently proposed changes to federal child care legislation and rebates acknowledge the increasing role grandparents have providing child care, often as a result of separation of parents. But what rights and responsibilities do grandparents have in relation to grandchildren who live with them?
I recently had the pleasure of attending the National Family Law Conference in Melbourne. One of the most interesting conference sessions I attended was about how, if at all, the definition of ‘property’ in family law matters is changing in the 21st century.
Due to the fact tracking equipment is now readily available, our day to day practice as family lawyers is changing. Read this article to find out more about how this may affect you.
Justine Woods, Partner in our family law team recently received an enquiry from a Grade 12 legal studies student at a rural high school requesting commentary from a legal professional regarding the current surrogacy laws. Justine of course, was more than happy to share her knowledge on the subject.