In advance of a re-Trial ordered by the High Court of Australia, the Family Court of Western Australia was asked to determine two associated Applications brought by the Husband, namely: That Firm Y, and Mr P and Ms D both of Counsel, be restrained from acting for the Wife in circumstances where they also represented … Continue reading “Proceedings Update – Charisteas v Charisteas”
September 2022 Update: Since 28 September 2022 separating de facto spouses in Western Australia have been able to “split” their respective superannuation entitlements and include the “transfer” of superannuation as part of their overall family law property settlement. Historically, the inability of separated de facto couples in Western Australia to split their superannuation interests frequently … Continue reading “Superannuation Splitting for De Facto Spouses in Western Australia”
We are pleased to announce that our Appeal before the High Court of Australia in the case of Charisteas v Charisteas has been successful. Our Director, Milos Supljeglav (ably assisted by Greg Martinovich), has had the primary carriage of the matter for a number of years. In a unanimous judgment which is likely to reshape … Continue reading “High Court Appeal on Ground of Apprehended Bias – Charisteas v Charisteas”
Collaborative Practice is a non-adversarial dispute resolution process whereby lawyers (and other professionals, such as psychologists, counsellors, child development specialists, financial advisors, tax accountants, etc.) work together to facilitate child and family-focused discussion between the parties to negotiate a practical overall agreement to all aspects of a dispute. Any discussions, correspondence or records of those … Continue reading “Collaborative Practice in Family Law”
In a Family Law context, DIY separation agreements can present several potential problems and pitfalls. A separation agreement is a written contract between a separating couple wherein they document what they have agreed regarding various issues, mainly related to their property settlement. The main goal of “Do-it-Yourself” separation agreements is to save time and money, … Continue reading “The dangers of DIY Separation Agreements”
60-Second Summary Although parties to family law proceedings generally bear their own legal costs, it has long been recognised in the family law jurisdiction that often the wealth of the parties is controlled by one rather than both of them. This is usually most apparent in complex financial matters, though not limited to them. For … Continue reading “Litigation Funding”
60-Second Summary: In order to reach an agreement on how to divide property between parties in a financial matter, it may be beneficial to appoint an expert witness who is qualified to determine the value of certain assets in the property pool. It is important to consider when it may be appropriate to appoint an … Continue reading “Expert Witnesses in Financial Proceedings”
Many people assume that the breakdown of a legally recognised relationship, be it a marriage or a de facto relationship, will automatically result in a property settlement occurring. Whilst this is true in the majority, some relationships have unique details and peculiarities that differentiate them from the norm. Below is an example of one such … Continue reading “No Property Settlement Orders – Even After 27 Years…”
As a family lawyer with over 20 years’ experience in trying to resolve some of the most bitter, intractable disputes between separating spouses, there are occasions when you think you’ve seen it all. Then, something happens that restores your belief that there are no lengths to which someone will go to “get one over” on … Continue reading ““She’s not getting the house”….so this happens!”
“within 12 months” and “within 2 years” – what do these phrases mean? When parties to a relationship separate, it is generally considered to be in their best interests if their financial relationship is also brought to a conclusion. Limitation period for married couples The above principle is given express legislative force by way of … Continue reading “I’m Late! Understanding time limits in the Family Court”
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