Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been made to not appeal due to other circumstances, including concerns about the appeal outcome and the costs of an appeal. It is important to remember that in family law, we have a discretion-based system that often makes it harder to appeal from discretionary-based Judgments in both parenting and property matters. Even when we receive Judgments that we believe are rough on our client, the question is always whether an Appeal would provide a better outcome. In a lot of cases, the answer is ..read more

It is probably commonsense and goes without saying, but in so many matters we have clients present to us in an amicable manner that they have reached agreement and would like things wrapped up quickly. However, in some of these cases, the client’s come with their Tax Returns not being up to date (sometimes more than several years behind) and Financial Statements also lagging behind.  In those types of situations, it is important for clients to have their tax affairs in order and this includes lodging their most recent individual tax returns. Even when parties are amicable, these tasks ar ..read more

Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been made to not appeal due to other circumstances, including concerns about the appeal outcome and the costs of an appeal. It is important to remember that in family law, we have a discretion-based system that often makes it harder to appeal from discretionary-based Judgments in both parenting and property matters. Even when we receive Judgments that we believe are rough on our client, the question is always whether an Appeal would provide a better outcome. In a lot of cases, the answer is ..read more

It is probably commonsense and goes without saying, but in so many matters we have clients present to us in an amicable manner that they have reached agreement and would like things wrapped up quickly. However, in some of these cases, the client’s come with their Tax Returns not being up to date (sometimes more than several years behind) and Financial Statements also lagging behind.  In those types of situations, it is important for clients to have their tax affairs in order and this includes lodging their most recent individual tax returns. Even when parties are amicable, these tasks ar ..read more

By Rachel Li The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result in significant changes to the Family Law Act 1975 (Cth) in relation to parenting matters. Most of the amendments to the Family Law Act commence on 6 May 2024, unless a Final Hearing has already commenced. In this case, the old legislation will apply. The most significant changes to the Family Law Act are discussed below. 1. Removal of the Presumption of Equal Shared Parental Responsibility Under the current regime, the Court is required to apply a presumption that it is in the child’s best in ..read more

4 April 2023 This is a question we are most asked on a day-to-day basis from our clients and which we try to help them understand at an early stage the possibility and risks associated with keeping the home.  We always try to emphasise to our clients that there home is just another asset and it is just “bricks and mortar”, because that is our role as an advisor, to remove emotion from any deal.  However, we do recognise that in some matters, the stability of familiar surroundings and community can provide a very positive, calming influence and can be a benefit to children.  Dep ..read more

6 April 2023 In a typical family law matter, we need to obtain valuations.  The main valuations we need to obtain are those of real estate property and in some cases, shares and business valuations. Single expert evidence is the rule in family law matters for the receipt of expert evidence on such issues.  The parties usually jointly agree to appoint an expert, or if not, the Court has the power to order a single expert.  Long gone are the days of dualling experts, although it can happen in some instances.  In relation to property valuations, it is always important to brie ..read more

6 September 2022 A family law mediation in Queensland is certainly not a typical collaborative type mediation (in most cases where parties sit in a room together and collaborate on best outcomes for each other).  Rather, especially in financial matters, the mediation is more like an assisted negotiation with an experienced mediator engaged by the parties.  Typically, this is a specialist family law mediator or an experienced barrister specialising in family law, or nowadays even retired judges.  At HFL, we take mediation preparation and attendance at mediation very seriously be ..read more

6 September 2022 Tax is a complex subject and I do not profess to be an expert to tax or any form of revenue law.  However, in everyday family law property settlements, the incident of tax often is underestimated and/or is overlooked by clients, practitioners, and their advisors.  Here are some important things to know and some things you probably did not know about the treatment of tax in the area of family law:- A tax debt is not property – The Family Law Act only allows an alteration of an interest in property.  It does not allow alterations of interests in liabilities, exc ..read more

15 June 2022 Digital assets such as cryptocurrencies (think Bitcoin and Ethereum) are not new and by now, most of us know someone or are someone who has dabbled, if not regularly traded, in these assets. More recent forms of digital assets include NFTs and, there will no doubt be more and more new digital assets to keep an eye out for and spend money on as the digital world expands and people continue to seek out decentralised ways of protecting their wealth away from traditional currency. What does this mean for your family law matter if you do hold digital assets? Digital assets are treated ..read more