Property

When money is advanced by a family member, whether
it is characterised as a gift or loan can be significant in
the resulting asset division between the parties.

To commence proceedings in Australia, statutory requirements in relation to a nexus to Australia (citizenship, residency, domicile, and/or geographical) must be met. Provided these are met, the Australian Family Courts will have jurisdiction to make Orders dealing with overseas assets in property settlement proceedings.

What are the differences for de facto couples experiencing a separation in WA and in other states, or the differences for de facto couples and married couples in WA?

A discussion on when and how a Case Guardian should be appointed in a family law matter

Case Summary – Jabour (2019) and the treatment of initial contributions in property settlement matters

Both the federal government and senior members of the courts are committed to finding ways to reduce the costs to litigants of disputes about family property. This article reviews a number of new technologies that could help family law practitioners to reduce the time spent in preparing a case for the purposes of negotiation, mediation or litigation. Adoption of such technologies could thereby reduce legal costs for clients. The article also reviews a new government-funded program, developed under the leadership of the Legal Services Commission of South Australia, to assist people to resolve property disputes using artificial intelligence, without involving lawyers.

What happens should both parties pass away during Family Court property proceedings? Our family lawyers located in Perth look at the practical implications of this.

Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party. However, there are significant practical implications that need to be considered, which are set out in this article.

It is not uncommon for disputes to arise between parties as to whether an advance made by a family member is a gift or a loan.

This article provides general family law advice and practical steps you can take when experiencing family violence.