When a person dies and the provisions of their Will fail to make adequate provision for the proper maintenance and support of the Deceased’s spouse, child or dependant, section 41...
The Family Law Act encourages parents to reach agreement in relation to the parenting arrangements for their children and to use the legal system as a last resort.
The law against forfeiture provides that a person responsible for the death of another cannot be allowed to benefit from that person’s Estate.
Traditionally, property settlement Applications in the Family Court have been dealt with by reference to the following four step process:
A child’s best interests are the paramount consideration when a Court determines appropriate parenting arrangements following a separation.
Many people conduct their business and financial affairs through Companies, Partnerships or Trust entities. On death or a marriage breakdown, the issue of legal ownership becomes highly relevant.
One of the practical issues to be considered in relation to parenting Orders or agreements is where handovers or changeovers in the care of children will occur.
It will sometimes be necessary for the Court to make Orders for property settlement in circumstances where one of the spouses has failed to participate in the proceedings.
General duties of the personal representative
The legal meaning and standing of a parent depends on the definition of ‘parent’ in each particular piece of legislation.