Lottery winnings – yours, mine or ours?

By Carlyna Yap (Trainee Lawyer) and Stefan Pantellis (Senior Associate) When altering property interests after the breakdown of a relationship, two key factors that the Court must consider are: the assets, liabilities and financial resources of the parties; and the parties’ contributions (financial and non-financial). When it comes to identifying the asset pool, it’s easy … Read more

Defining the de facto relationship

According to the Australian Bureau of Statistics, provisional data released for January to June 2020 shows a 31.9% decrease in marriages in Australia. While the current rate of marriages is declining, the ever-changing structure of relationships and family units continues to call into question the rights and entitlements to a property settlement for separating de … Read more

Abolition of the Family Court of Australia – what does it mean?

As has been widely reported, the Federal government has passed a bill which will lead to the abolition of the Family Court of Australia.  This was done despite strong opposition from major legal bodies, legal professionals, domestic violence services, community legal services, and the legal community generally.  It has also been done merely weeks before … Read more

Urgent family law applications during Stage 4

The introduction of stage 4 restrictions for metropolitan Melbourne continues to present unprecedented challenges for parents and carers navigating parenting arrangements. While “shared custody arrangements”, whether informal or court-ordered, is permitted under the current restrictions, issues may arise beyond the control of either party that prevent a child from continuing to spend time with the … Read more

Family violence amidst the COVID-19 crisis

Isolation amidst the COVID-19 pandemic can be a frightening proposition if you are experiencing family violence.  Whilst for most of us our home is a haven, for 1 in 6 Australian women it is a place of fear. We have seen from China’s experience that family violence incidents surged following the forced lockdown period. In different circumstances, … Read more