Application for divorce
by Rose Laffan
Rose Laffan is a Senior Solicitor at Mullane & Lindsay in Newcastle and practises extensively in Family, Relationship and Matrimonial Law
With the introduction of the Family Law Act in 1975 the principal of no-fault divorce was established in Australia.
This means that when an Application for Divorce is made the Court does not consider why the marriage ended. The only consideration is that the marriage has broken down irretrievably – that there is no reasonable likelihood of the parties reconciling their relationship.
How does the Court determine that the marriage has broken down irretrievably? The criteria used is that the parties have been separated for 12 months and one day.
Helping elderly parents manage their money – Some traps
by Felicity Wardhaugh
Felicity Wardhaugh is a Special Counsel at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
A recent case of Fulton v Fulton [2014] NSWSC 619 in the Supreme Court of New South Wales highlights how money can cause bitter family disputes. The case was heard in the Supreme Court for 6 days: an expensive exercise best avoided.
The dispute arose after the death of a father. He died leaving four adult sons. Three of the sons alleged that the fourth son (A) had taken approximately half a million dollars out of the father’s bank account whilst he was still alive. The father had allowed A access to his bank accounts primarily to pay bills for him.
Who can inspect your will?
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and practises primarily in Commercial & Property Law.
While you are living no one other than yourself is entitled to inspect your will; of course this does not prevent you from allowing someone to inspect your will while you are living. But what happens after you die; who can inspect your will then?
Prior to 1 March 2007 a deceased person’s will could only be inspected (after the deceased person died) with the consent of the Executor appointed by the will. If Probate of the will was subsequently obtained, the will would become part of the public record at the time, however if Probate was not required, the Executor could potentially keep the terms of the will confidential. The Succession Act has, however, introduced provision for a significant number of people to have the right to receive a copy of a deceased person’s will.
Guarantees by wives – Some risks
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
Particularly since the GFC, the Courts frequently deal with claims by borrowers or guarantors who seek to be relieved of loan or guarantee obligations because they were misled or pressured into signing documents, or because they were taken advantage of. A particular ‘subset’ of these claims involves claims by wives, or female de-facto partners, who have guaranteed debts of their husband or of their husband’s company. Claims in this category are generally made by reference to the 1939 High Court decision of Yerkey v Jones [1].
Court resources under strain
by Rose Laffan
Rose Laffan is a Senior Solicitor at Mullane & Lindsay in Newcastle and practises extensively in Family, Relationship and Matrimonial Law
Recently the Australian Bureau of Statistics released statistics showing that the case load between the Family Court and the Federal Circuit Court (known as the FCC) in 2012/2013 stood at 86% in the FCC and 14% in the Family Court.
While there may be a division of work between the two Courts both deal with incredibly important issues relating to the breakdown of a relationship or marriage, including who is to care for children and how people are to divide their assets. Delays in having the Courts determine such matters has an impact on the lives of the parties, their children and everyone in their extended family and support network.
“You can sort it out when I’m gone!”
by Felicity Wardhaugh
Felicity Wardhaugh is a Special Counsel at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
The NSW Supreme Court in Re RB, a protected estate family settlement [2015] NSWSC 70 recently found solutions to the problem of an 80 year old Husband who had become incapable of managing his affairs and who had not written a will. He was in a nursing home with a prognosis of no more than 6 months to live. He lacked mental capacity to make a will. Read the rest of this entry »