The Contra Proferentem principle provides that if a contract contains ambiguous language and terms, the court will interpret those terms in favour of the party who did not draft the contract. This assists in legal disputes, where the meaning of certain contract terms can sometimes be unclear. In Australian Family Law, the Contra Proferentem Rule …
What Is Contra Proferentem? An Australian Family Law Guide Read More »
Family law can get complicated, especially when disputes arise. Whether it’s about parenting arrangements or dividing assets, the court might rely on an expert witness report to help make decisions. An expert witness report is a document written by a specialist who has expertise in a particular area. In family law matters, this report provides …
Everything You Need to Know About Expert Witness Reports in Family Law Matters Read More »
Family court orders in Australia are essential for ensuring that parents and families adhere to legal decisions about child custody, visitation rights, and other family matters. But what happens when these orders are not followed? Can the police enforce family court orders in Australia? The police in Australia play a limited but important role when …
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In Australian family law, financial resources include a broad range of assets, income, and entitlements. Whether it’s for property settlements, spousal maintenance, or child support, knowing what is considered a financial resource and how it impacts your case can make a significant difference. I. Financial Resource vs Property What is the difference between a financial …
Divorce can be a challenging and emotional process, especially when it involves dividing complex assets such as a Self-Managed Superannuation Fund (SMSF). An SMSF is a special type of superannuation fund that allows you to manage your retirement savings personally, but when a marriage ends, determining how to split the fund becomes crucial. In Australia, …
SMSF Divorce Settlements: Managing Complex Superannuation Splits Read More »
An Anton Piller Order is a special type of court order that allows one party in a legal dispute to search the premises of the other party and seize evidence without prior notice. This is typically used in cases where there is a concern that critical evidence may be hidden or destroyed. This order is …
Anton Piller Order: Understanding This Powerful Legal Tool in Australian Family Law Read More »
The goal of the Evatt List is to prioritise cases where a family’s immediate safety is at risk. The court ensures that these cases are dealt with as quickly and efficiently as possible to protect those in danger. Mental Health Concerns: Cases involving a parent with significant mental health issues that may put the safety …
The Evatt List: Your Essential Guide to Understanding This Family Law System Read More »
Have you ever wondered what happens if a spouse wastes money or assets during a separation or divorce? In Australian family law, this is known as “wastage.” Wastage refers to situations where one party in a relationship carelessly or recklessly reduces the value of shared property or finances before the final property settlement. This concept …
Understanding Wastage in Family Law: What It Means for Your Property Settlement Read More »
When couples separate, dividing their property fairly can become complex. One concept that may arise during this process is “add backs.” In family law, an “add back” occurs when the court includes, or “adds back,” certain amounts to the property pool, even though these amounts are no longer available. But what exactly does that mean, …
