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Property Settlement

High Court Appeal on Ground of Apprehended Bias – Charisteas v Charisteas

Milos Supljeglav
Managing Director
Barrister and Solicitor
Last Updated on 12/10/2021

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”

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Collaborative Practice in Family Law

Caley Kim
Barrister and Solicitor
Last Updated on 03/08/2021

  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 … Continue reading “Collaborative Practice in Family Law”

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The dangers of DIY Separation Agreements

Amy James
Senior Associate
Last Updated on 27/05/2021

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”

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De Facto Superannuation Splitting in Western Australia

Amy James
Senior Associate
Last Updated on 16/06/2020

Last updated by Greg Martinovich on 16/06/2020 60-Second Summary: It might come as a surprise to many but currently, in Western Australia, superannuation is not considered an asset for the purpose of a property division between de facto couples following a separation. This means that, unlike in any other Australian state or territory, superannuation cannot … Continue reading “De Facto Superannuation Splitting in Western Australia”

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Expert Witnesses in Financial Proceedings

Rebecca Ward
Senior Associate
Barrister and Solicitor
Last Updated on 28/11/2019

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”

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No Property Settlement Orders – Even After 27 Years…

Ross Dunlop
Consultant
Barrister and Solicitor
Last Updated on 28/11/2019

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…”

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“She’s not getting the house”….so this happens!

Ross Dunlop
Consultant
Barrister and Solicitor
Last Updated on 20/03/2019

As a family lawyer with 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 the … Continue reading ““She’s not getting the house”….so this happens!”

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I’m Late! Understanding time limits in the Family Court

Greg Martinovich
Barrister and Solicitor
Last Updated on 29/01/2019

“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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Property Settlement: The Dangers of Trivial Pursuits!

Ross Dunlop
Consultant
Barrister and Solicitor
Last Updated on 20/03/2019

As family lawyers regularly working on property settlements, it is not uncommon for us to see parties willing to spend disproportionate amounts of time, energy – and fees – on disputing the ownership of assets which can often be worth less than an invoice sent to the client for dealing with the issue! Case example … Continue reading “Property Settlement: The Dangers of Trivial Pursuits!”

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