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What difference does domestic violence make to a relationship property claim?
Legislative change from 10 June 2025 means domestic violence must be considered in assessing a claim for property division. Specifically, the Court must take into account the effect of domestic violence on the victim’s current and future circumstances.For many years...
Powers of attorney made before 1 September 2015
The Powers of Attorney Act 2014 commenced on 1 September 2015. Are the previous Powers of Attorney valid and how can the Principal revoke them?Enduring powers of attorney (financial) and enduring powers of guardianship properly made before this date are...
Understanding the New Victorian Probate Fees: What Changed and How It Affects You
Commencing Monday 18 November 2024, the Victorian Government is introducing changes to the Supreme Court of Victoria’s Probate Office Fees. These changes follow a review, including public consultation, of the Probate Office fees undertaken earlier this year.Changes to...
Bare Trust
A bare trust, also known as a simple trust, is a straightforward form of trust where the trustee holds the assets on behalf of the beneficiary until the beneficiary is entitled to receive them. This type of trust is commonly used in estate planning and administration...
DFAT Authentication Process
The Department of Foreign Affairs and Trade (DFAT) in Australia provides an authentication service for documents that need to be used overseas. The authentication process involves verifying the signature, seal, or stamp on a document to confirm that it is genuine....
Child’s passport
Federal Minister can issue passport for child. A passport will not be issued to a child unless each responsible parent consents or there is an order of the Court about international travel.The Minister has discretion to issue if:1. case is exceptional;2. child’s...
Non-parents’ care for children
How often do we hear of family members (non-parents) stepping up to care for children when for some reason one or both parents cannot.Can they or indeed another non-parent such as an aunt or older sibling apply for a parenting order to define their authority?...
I want to change my parenting orders and they were only made a few months ago
A lot can happen in a few months and the legal landscape has changed as well for this type of case. For a long time the rule in Rice and Asplund applied. That is, the Court must first find a significant change in circumstances.The new section 65DAAA of the Family Law...
What happens with the jointly held assets if you die at the same time with your spouse?
If I die first my joint tenancy asset goes the survivor. This is my spouse. Or if my spouse dies first I get my spouse’s interest in the joint tenancy asset.But what if we both die at the same time? For example, in a car accident or from an aeroplane crash. And...
Family/Discretionary Trust – Corporate Trustee versus Individual Trustee
The last 3 decades have seen a substantial growth in the number of people in Australia establishing a family/discretionary trust. The benefits of such an arrangement have been largely touted by professionals around 2 areas – asset protection and tax benefits.The issue...