Family Law Property Alert #1: Think Twice before Suing Short Term Partners for Return of Imprudent Gifts
David Gawthorne is a Senior Solicitor at Mullane & Lindsay in Newcastle and an Accredited Specialist in Family, Relationship and Matrimonial Law
How besotted do you have to be in a short-term, intimate relationship before you are so emotionally dependent that gifts can be set aside as unconscionable dealings?
Well, according to the Victorian Court of Appeal in Mackintosh v Johnson [2013] VSCA 10 (8 February 2013) it takes a bit more than some have thought.
This case involved a relationship of about 8 months between Mr Johnson (aged 73) and Ms Mackintosh (aged 45). In that time, Johnson paid Mackintosh about $175,000 to support her business and $480,000 to buy a house in her name. Johnson then commenced proceedings in the Victorian County Court against Mackintosh to recover the sum of $175,000 and the house, on various grounds, but including for unconscionable conduct. That is, because Johnson made the payments acting under a special disability, Mackintosh knew of that disability and she unconscientiously exploited it. Johnson’s special disability was said to be his emotional dependence on Macintosh, due to his infatuation with her. Read the rest of this entry »
Suppressing Sensitive Information in Family Law
David Gawthorne is a Senior Solicitor at Mullane & Lindsay in Newcastle and an Accredited Specialist in Family, Relationship and Matrimonial Law
The Family Law Act and related legislation were recently amended to give Family Law Courts specific powers to make suppression and non-publication orders. Non-publication orders prevent the publication of information in print, radio, television or on-line. Suppression orders go further to prevent the dissemination of information by any means, including by word of mouth. Protected information can include the identity of parties to a Family Law case, or persons associated with them; evidence used in the case; and information parties are required to exchange with each other. It is an offence to contravene a suppression or non-publication order, punishable by imprisonment for up to 12 months and/or a fine of up to $6,600. Read the rest of this entry »
When Disclosure Can Be Better Than Concealment
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Queensland Supreme Court recently decided a dispute about the extent of a guarantor’s obligations. The case is factually complex, but the crux of it is that the guarantor, Willaire Pty Limited stated it had signed a mortgage document as drafted by a lender; but subsequently added an additional page of conditions to the mortgage which purported to restrict the amount the guarantor was liable for, and the assets that could be enforced against. Read the rest of this entry »
Adverse Action in the Workplace
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The High Court recently looked at the issue of “adverse action” in the workplace. Under s346 of the Fair Work Act 2009 an employer cannot take adverse action against an employee on the basis that the employee “is …. an Officer or member of an industrial association” or “engages …. in industrial activity”. Adverse action includes dismissing an employee or altering his/her position to the employee’s prejudice. Read the rest of this entry »
Family Law, Self-Represented Litigants & Incapacity
David Gawthorne is a Senior Solicitor at Mullane & Lindsay in Newcastle and an Accredited Specialist in Family, Relationship and Matrimonial Law
Courts generally have the power to order that a party to litigation before them, who lacks sufficient capacity, will have decisions about their case made for them by a person acting in their interests. These persons are referred to by different names in different Courts, such as a case guardian, a litigation guardian or a tutor. Unlike a solicitor or barrister, who must only act on their client’s instructions whilst representing them, a case guardian makes decisions for a party to the case and may instruct a lawyer on their behalf. Read the rest of this entry »