Entries by William Boyce

Defaulting on orders can be disastrous – FamCAFC 77

In Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) the parties obtained consent orders for an equal division of their property. Under the consent orders Mr Blackwell was required to pay Ms Scott $130,000 within 90 days of the date of the orders in exchange for the Ms Scott transferring to the husband all […]

Goodman & Hallett [2014] FamCAFC 142

In Goodman & Hallett [2014] FamCAFC 142 the parties disputed they date upon which they ceased to live together on a genuine domestic basis by some 10 years. The parties had a relationship from 1991 to 2000 and resided with one another in a house owned by a Mr Cadman. However, according to Mr Cadman, […]

Defaulting on orders can be disastrous

In Blackwell & Scott [2017] FamCAFC 77 (28 April 2017) the parties obtained consent orders for an equal division of their property. Under the consent orders Mr Blackwell was required to pay Ms Scott $130,000 within 90 days of the date of the orders in exchange for the Ms Scott transferring to the husband all […]

Violence and parenting

In Stott & Holger and Anor [2017] FamFC 152 a maternal grandmother successfully appealed an order of the Family Court of Australia that permitted a 10-year-old child who lived with her to spend time with his father who had a history of serious violence. In reaching its decision, the Full Court of the Family Court […]

What are the steps involved in property settlement?

When arriving at property settlement orders, the court undertakes a four-step process. Step 1: The court will determine the assets and liabilities of the parties. This includes superannuation entitlements as well as assets held personally, jointly or in trusts, businesses or companies. Step 2: The court will determine the contributions each party has made to […]

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)(Marriage Amendment Act) which came into force on 9 December 2017 legalises same-sex marriage in Australia. In brief the Marriage Amendment Act contains amendments to the Marriage Act 1961 (Cth) (Marriage Act) and other relevant legislation.  Some of the most significant amendments are listed below: The […]

Is my binding financial agreement binding?

The High Court of Australia recently set aside a binding financial agreement in the case of Thorne v Kennedy [2017] HCA 49. The case involved a financial agreement between a 67-year-old property developer husband and his 36-year -old wife. The husband was a man of considerable means, with a net worth of $18,000,000 to $24,000,000. […]

Family Law Act 1975 (Cth) Review

On 27 September 2017 Attorney-General George Brandis announced the first review of the Family Law Act 1975 (Cth) (the Act), the first such review since the establishment of the Family Court in 1976. The review, which commenced on 1 October 2017, is to be undertaken by the Australian Law Reform Commission (ALRC) pursuant to Section […]