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Property Settlement

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”


How to Enforce Family Court Orders

Rebecca Ward
Senior Associate
Barrister and Solicitor

Last Updated on 21/05/2020

  Obtaining Family Court Orders can be a long, drawn-out process lasting many months if not years, so it can be particularly galling if the other party either consistently breaks these Orders or point-blank refuses to follow them. So what can be done to force the other party to comply with and enforce Family Court … Continue reading “How to Enforce Family Court Orders”


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”


“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!”


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!”


The Need for Speed? – Post-Separation Settlement

Ross Dunlop
Consultant
Barrister and Solicitor

Last Updated on 20/03/2019

As highlighted in my previous article “Why do I need a Family Lawyer?”, a failure to finalise your property settlement with your former spouse/partner as promptly as possible after separation can have drastic consequences on the outcome.  No family law case highlights this more painfully – at least, for high-income parties – than the decision in Trask … Continue reading “The Need for Speed? – Post-Separation Settlement”


Court Ordered Sale of House in Divorce – We’ve been ordered to sell, but we can’t!

Rodney Worth
Barrister and Solicitor

Last Updated on 03/06/2020

As everyone in Western Australia knows, property prices have plummeted in recent years, particularly in regional communities reliant on the resources industry. This has caused problems for separated couples who entered into Consent Orders for property settlement, only to find they could not sell one or more properties for the price they assumed they would … Continue reading “Court Ordered Sale of House in Divorce – We’ve been ordered to sell, but we can’t!”