Blog | Property
Redundancy payment – how is it treated?
A redundancy is where an employer no longer requires a person’s job to be performed by anyone because of changes in the operational requirements of the business. A redundancy payment is often made to the employee in this circumstance, to compensate the employee...
Is my Binding Financial Agreement Binding?
There are stringent requirements that must be met for a Binding Financial Agreement to be Binding. Is your Financial Agreement Binding? We discuss those specific requirements and the circumstances under which a Binding Financial Agreement can be overturned on our...
Superannuation Splitting in Financial Agreements
Where a Binding Financial Agreement is executed during a relationship, for the Binding Financial Agreement to be binding after separation, a separation declaration should be signed by one of the parties after separation, in order to demonstrate that the parties have...
Clayton & Bant – A multi-jurisdictional family law dispute
If you have separated and you have accumulated assets in multiple countries including countries other than Australia, as occurred in Clayton & Bant, it is vital that you obtain advice from both jurisdictions in relation to your rights as a Court in another country...
The Alter Ego Principle – When a Spouse uses a trust to hide assets
Can the Court make orders that affect third parties? s90AE of the Family Law Act 1975 (Cth) (hereinafter “the Act”) empowers the court to make orders affecting parties other than parties to the marriage – but to do so those parties should be joined...