Tag: property matters

Bankruptcy can have significant effects upon family law proceedings and it is not uncommon for the Federal Circuit and Family Court of Australia to deal with property matters involving a bankrupt estate. Bankruptcy [caption id="attachment_17773" align="alignright" width="300"] Bankruptcy family law proceedings[/caption] Bankruptcy is the process whereby a person cannot pay their debts when such payments fall due. In Family Law proceedings, when a party becomes bankrupt, control of their property and income transfers to the trustee of the estate. However,...

Mediation is an alternative dispute resolution process whereby an experienced practitioner, former judge or barrister assistsparties to negotiate reachinga satisfactory outcome. Unlike litigation, the outcome of the mediation session is shaped by the parties’ expectations and positions, rather than rest in the hands of a judge or registrar. Mediation is a confidential process unless the mediator reasonably believes that disclosure is necessary to protect a child or person from the risk of harm, amongst other exemptions.- Family Law Mediatio What...

Consent Orders in Family Law Matters - Australia According to the information provided by Adam Cooper in a paper he has delivered.  Consent orders are a very useful means of obtaining orders from the Family Court in regard to property and children's matters. Consent orders carry many advantages, including the exemption in property matters for roll-over stamp duty and capital gains tax. Being an economical and less invasive means of resolution, an ability to divide superannuation interests between the parties,...

What are Consent Orders?  A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order will only become legally binding if deemed to be in the best interests of the child.  As a legally binding Order, each person affected by the Order must follow it. A parenting order deals with a range of issues, including but not limited to:  Who the child will reside with;  How much time the child will spend with each parent;  Whether one or both parents...

Domestic Violence in Australia & Property Matters The issue of family violence is currently governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence in Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm when determining the child’s best interests; Changing the definition of ‘Family Violence’ and ‘Abuse’ to reflect a modern understanding of the terms; Providing a wider scope...