With the increasing cost of tertiary education, it is increasingly common to see property pools with significant HECS or HELP debt balances. Naturally, a common query is whether those debts will be included in the property pool or whether the party who accrued the debt (and is the beneficiary of the education) will bear the […]
How is HECS/HELP debt treated in a property pool? Read More »
While the premise that a stepparent should receive an adjustment for their support of a non-biological child may seem unpalatable to some, the reality is that these are real contributions which cannot be ignored when assessing the respective contributions of parties to a relationship. In Robb & Robb [1994] FamCA 136; (1995) FLC 92-555, the
When blended families break up: Step-parenting contributions in a property settlement Read More »
With superannuation becoming an increasingly significant portion of many property pools, it is often the case that until a party has an idea of the balance of their partner’s superannuation interest they find themselves hamstrung when it comes to forward planning their separation. Fortunately, where a superannuation interest is: a superannuation fund within the meaning
I have no idea how much my partner has in superannuation, how can I find out? Read More »
In the unfortunate event that you find yourself in a position where you are considering commencing court proceedings, or you have found yourself as the Respondent to someone else’s Application, you are no doubt considering the timeline and asking how long until you can get back to living life? Helpfully, with the merging of the
How long is it going to be until my matter makes it to a trial? Read More »
With the merging of the Federal Circuit Court of Australia and Family Court of Australia in 2021, the Court published a Central Practice Direction which set out the general pathway a matter should follow from start to finish. While the below offers great insight to parties wanting an idea of how their matter will unfold,
The Court Pathway: What are the steps involved in getting to a final trial? Read More »
The Priority Property Pools under $550,000 List (PPP550 List) is a cost-effective solution provided by the Federal Circuit and Family Court of Australia for property disputes involving assets under $550,000 (excluding superannuation). This program simplifies the legal process by requiring only an Initiating Application and a PPP550 Financial Summary document for filing, reduces costs, and promotes efficient resolution. Parties receive court-issued Orders to exchange financial information and engage in dispute resolution without immediate courtroom appearances. If disputes persist, court-funded mediation and expedited proceedings ensure timely progress. However, cases with certain characteristics, such as entities requiring valuations or those seeking parenting or enforcement Orders, may not qualify.
PPP550 List: Priority Property Pools under $550,000 Read More »
Mediation is a form of alternative dispute resolution which practitioners and parties utilise with the aim to resolving a dispute without the need to incur the costs, stress and time delay associated with bringing a Court application. The mediation process has been so effective in assisting parties to resolve disputes, that the Federal Circuit and
If you have been married for less than 2 years when you file your Application for Divorce, you need to address one of the following options: 1. Attend counselling with a family counsellor: In this step, you and your spouse will meet with a family counsellor to discuss the possibility of reconciling your relationship. After
Is superannuation included in a property pool? This is a common question in family law. The answer is yes. Superannuation is recognized as property under the Family Law Act 1975, which means it needs to be valued and included in the property pool for division. In some cases, parties may retain their individual superannuation interests. But when there are significant discrepancies in superannuation value, the party with a higher balance may need to give some of their superannuation to the other party via a ‘superannuation split.’ Get tailored legal advice to determine if a superannuation split is necessary for your individual matter.
This article discusses the weight given to the initial contributions made by one party in a relationship with vastly different net worths. The court considers several factors, including the class of assets, whether they have increased in value, and the length of the relationship. The erosion principle and springboard principle are also discussed. Additionally, the article analyzes the Full Court of the Family Court decision of Jabour and how it affects the assessment of initial contributions. Seeking professional advice is important as the weight given to an initial contribution may vary depending on the circumstances.
