Blog

  • Family Court & Appalling Behavior

    26 Feb 2010 Posted by Ed Clark

    In a decision that confirms the worst nightmares of many non-custodial parents, Her Honour Justice Bennett in Wang v Dennison (No 2) declined to Order that the parties two young children live with or spend any time with their father despite some astounding findings.

    Her Honour found the mother had “purposefully conditioned the children to believe that they had been sexually abused by their father when they had not” and that she had done so “in order to cut the father out of the lives of the children".

  • Parenting Laws Review – What Are The Problems And What Are The Solutions?

    7 Feb 2010 Posted by John McClelland

    On 28 January 2010 the Attorney General released three reports regarding the 2006 Parenting Reforms to the Family Law Act ('the Act'), by the Australian Institute of Family Studies, the Family Law Council of the Law Council of Australia and Prof Richard Chisolm respectively.  They have been reported as concluding:

  • Ignorance may not be bliss

    2 Feb 2010 Posted by Anton Dunhill

    A recent case in which we acted for a waste management company demonstrated that even when you think you are doing the right thing, that may not be the case.

    The waste management company had processes in place where it reported to the Council when trucks entered a waste site with overweight loads. Our client was at that stage unaware that there was a secondary requirement – VicRoads were to be notified when this occurred pursuant to the Road Safety Act – an oversight which gave rise to potential fines of around $1.6m.

  • The ‘Magic Pudding' does exist

    29 Jan 2010 Posted by John McKell

    We recently provided tax advice to a financial advisor on the restructure of a business owned by a husband and wife client which resulted in significant savings. The couple, each aged 55, had during their working life run a small business using a family trust and owning their business premises.

    By working closely with the client’s financial advisors, we were able to have the client:

  • St Kilda Triangle fight is over

    1 Jan 2010 Posted by Anton Dunhill

    The fate of the controversial 'St Kilda Triangle' was decided last month following a long legal battle. The St Kilda Triangle divided the local community and eventually became a key issue in City of Port Phillip elections earlier this year which resulted in a several councillors losing their seats and the eventual decision by Council to cancel the project. 

    Aitken Partners acted for the community action group unChain St Kilda and its then president, Serge Thomann, in several matters relating to the development.

  • I just want a divorce - what do I do?

    21 Dec 2009 Posted by John McClelland

    The short answer is to visit www.fmc.gov.au/forms/html/divorce.htlm.  However, this ‘blog will provide something of a context for Divorce Applications and their repercussions.

  • We’re separated: Where do the kids spend Christmas?

    18 Dec 2009 Posted by John McClelland

    Christmas may be a time for family breakdown, but after separation it is even harder to arrange the day.  Each year the Family Court of Australia puts out a deadline (usually mid-November) after which it cannot guarantee applications for Christmas parenting time will be heard.  The smartest thing to do when planning Christmas is to make arrangements early. 

  • Pre-Nuptial Agreements - What could go wrong?

    14 Dec 2009 Posted by John McClelland

    You may know that since December 2000, binding pre-nuptial Financial Agreements have been able to be made under the Family Law Act.  These can now apply to married and de facto couples.  Financial Agreements are designed to prevent future claims being made in Court for property settlements and maintenance for a partner (but not to prevent child support claims).

  • Spousal Maintenance for an estranged Defacto Partner!

    10 Dec 2009 Posted by Ed Clark

    Recent changes in the Family Law Act enable a defacto partner to successfully claim maintenance from their partner. In Vine & Carey The Court found the parties had lived in a defacto relationship for more than two years and as the relationship had broken down after the new legislation took effect from 1 March 2009 the female partner could claim maintenance from her now estranged former male partner.

  • Some spousal financial fights are worth the battle

    9 Dec 2009 Posted by Ed Clark

    The recent case of Parke highlights the necessity to run  some cases to judgment rather than be bullied into an unfair settlement.

    In Parke, a wife demanded 35% of a $1,400,000 asset pool. The marriage was of 6 years duration. There were no children. The wife made minimal financial contributions but sought an adjustment in her favour based on her non financial contributions, her substantially lower earning capacity and the husband's commitment to support her.

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