How can I tell if my beneficiaries will argue about my estate when I am gone?

By |2022-01-12T02:56:13+00:00January 12th, 2022|FAMILY LAW|

Families will react to the loss of a parent in different ways but, having practised in estate law for almost 40 years our Greg Dickson, CEO and Accredited Specialist in Family/De Facto Law can identify a number of factors which are common to most families who argue about inheritances following the death of a parent. The following is not intended as an exhaustive analysis of [...]

Does your ex-partner repeatedly breach Family Court orders?

By |2021-12-15T04:36:31+00:00December 15th, 2021|FAMILY LAW|

Most people who are subject to Family Court orders comply with them but there are still many people who suffer the continuing torment of an ex-partner who repeatedly breaches orders. Non-compliance has been a long-standing problem for many who have received the benefits of orders by the Family Court, particularly those who have received parenting orders.   It is likely that you or someone you know [...]

Family Law Courts Merge in New Structural Reform

By |2021-11-17T23:01:30+00:00November 17th, 2021|FAMILY LAW, LEGAL NEWS|

As of 1 September 2021, the separate Federal Circuit Court and Family Court of Australia have merged to become the Federal Circuit and Family Court of Australia (FCFCA). The fusion of the two courts aims to streamline processes for more efficient resolution of family law disputes and to reduce cost and delay to the parties involved. Navigating the new structure All family law matters will [...]

Navigating Parenting Arrangements during Sydney’s Lockdown Restrictions

By |2021-08-12T00:47:36+00:00August 12th, 2021|FAMILY LAW|

The current Covid-19 climate and the restrictions in place across Greater Sydney and now Newcastle and the Hunter area, have made it difficult to grapple with what we can and cannot do in most aspects of our daily lives. If you have Court Orders, a Parenting Plan or an informal agreement as to parenting or care arrangements for children, knowing what is permitted under the [...]

What can I do? My elderly mum/dad has a new partner and I am worried they will be taken advantage of

By |2021-03-31T04:00:52+00:00March 31st, 2021|FAMILY LAW|

This concern is often expressed to us by clients who have been assisting their parent to manage their financial and health affairs.  A combination of factors has combined to heighten this concern and among them are: People are living longer;There is a greater acceptance of, and tendency to form, new romantic relationships late in life; andThe enormous increase in value of most residential properties has [...]

Family Courts Establish Priority List

By |2021-02-26T05:08:23+00:00February 23rd, 2021|FAMILY LAW, LEGAL NEWS|

The Family Court of Australia and the Federal Circuit Court of Australia have established a priority list to deal with urgent family law matters. The list was originally set to run for a number of months during the height of the pandemic but has been expanded to help address urgent cases continuing to arise that are directly affected or escalated by issues related to the [...]

Proposed Merger of The Federal Circuit and Family Court of Australia

By |2021-01-14T01:57:35+00:00January 13th, 2021|FAMILY LAW|

Why is the Government looking to merge the two courts? The Government is proposing a change the current structure of the Family Court system – which currently operates in the Federal Circuit Court of Australia and the Family Court of Australia.  The Government wants to unify the two separate courts into would become the Federal Circuit and Family Court of Australia. Under the outlined system [...]

What happens to my children if I die? – Appointing a testamentary guardian

By |2020-10-14T22:13:46+00:00October 14th, 2020|FAMILY LAW|

What is a testamentary guardian? A testamentary guardian is someone who is appointed to provide daily care and responsibility for your children and to make decisions about your children's long term care, welfare and development in the event that one or both of the child's parents pass away.  A testamentary guardian generally has the same types of powers, rights and duties as a natural parent [...]

Resolving Family Law Matters Without Court Proceedings

By |2020-07-16T03:51:37+00:00July 16th, 2020|FAMILY LAW|

This year the Family Law Courts announced that 2,000 cases nationally have been in the court system for over 18 months.  The current time from filing documents in the Federal Circuit Court or Family Court of Australia (the Family Law Courts) to attending an interim hearing can be as long as 6 months or more even for matters considered urgent.  For a final hearing the [...]

Succession Act Claims

By |2020-04-14T06:08:33+00:00April 14th, 2020|ESTATE LAW, FAMILY LAW|

What is a Succession Act Claim? A Succession Act Claim is a claim bought against a deceased person's estate pursuant to the Succession Act 2006 (the Act).  They are claims initiated by eligible persons who feel they have been unfairly left out of, or inadequately provided for under, the will of a deceased person.  The Act gives a Court the power to make a provision [...]

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