Some significant changes to Australia's Family Law Act 1975 (’the Act’) came into effect from 6 May 2024, with implications both for parties seeking resolution of parenting matters through the courts and legal practitioners. The key amendments are the removal of the presumption of equal shared parental responsibility and revisions to the ‘best interests’ factors used by the court to determine parenting arrangements for children. Understanding these changes is essential for parents navigating the family law system in Australia so we’ll try to shed some light on them in this article. Removal ..read more

Many aspects of modern life are governed by the terms of contracts including, even, marriages and de facto relationships in the form of Binding Financial Agreements (‘BFAs’). These private agreements between couples can be entered into before, during or even after a relationship, and typically set out how property is to be dealt with, as well as what maintenance might be payable by one party to another, if and when the relationship ends. The aim of a BFA is to avoid lengthy, costly and acrimonious court action when a relationship breaks down.   But such agreements can later be amended wh ..read more

One of the most frustrating experiences for a consumer is to purchase a good or service and then discover it’s not what was promised – the item doesn’t work properly, or is missing components, or the service delivered was not what was requested. It's easy to feel helpless in such situations, particularly if a complaint or query is essentially met with a shrug of the shoulders by the manufacturer or seller. But the Australian Consumer Law (ACL) does offer some protection of the rights of consumers when purchasing goods and services in the form of ‘guarantees’, depending on certain conditions ..read more

Inheritances can play a significant role in family law property settlements in Australia. The treatment of inheritances in these settlements is governed by a specific legal framework that is designed to ensure fairness and equity between parties. This article will explore the key considerations and factors that the court takes into account when determining the treatment of inheritances in property settlements.   Understanding the Legal Framework of Inheritances in Australian Family Law   In Australia, the legal framework surrounding inheritances in family law cases can be complex an ..read more

Outside of any property they own, superannuation is the largest asset most Australians now own. For that reason, the place of superannuation in a family law property settlement between two people whose relationship has ended is increasingly important. Under Australia’s Family Law Act 1975 (‘the Act’), superannuation is considered ‘property’ so that when a couple decides to separate or divorce, their superannuation interests are included in the overall property pool that is subject to division between the parties (but is treated differently to other non-super assets). The inclusion of super ..read more

Higher density living in our cities is one reason the issue of land encroachments increasingly pose potential problems between neighbours. The issue can also arise when an owner decides to improve their land or even demolish an existing house to build a new one. An encroachment occurs when part of a building or structure on one parcel of land extends beyond its boundaries, intruding onto an adjoining parcel of land. Encroachments can take various forms, including structures like fences, retaining walls, buildings, trees, or even underground pipelines. Such encroachments can potentially affec ..read more

While Australia’s family law system is designed to ensure a just and equitable resolution of disputes between couples who are separating or divorcing, the costs of pursuing legal action to achieve that result can impact the parties disproportionately. The situation is changing but in many relationships one party still remains largely in control of the financial assets. Typically this is the case where one party is the main breadwinner and the other is the homemaker in the relationship. When the relationship breaks down and the parties seek a property settlement to finalise the split and move ..read more

The dramatic collapse of numerous high-profile building companies across Australia in the past year has highlighted not only the difficulty of supply chain issues and rises in inflation after the Covid-19 pandemic, but also the vulnerability of subcontractors left awaiting payment when the work suddenly stops.   In Queensland, legislative protection exists for subcontractors who have not received payment for completed work in circumstances including when a building firm is liquidated, in the form of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The work could ..read more

When it comes to estate planning , the cold, hard truth is that most Australians don't have an up-to-date Will, the consequences of which can be catastrophic. In this podcast, Frigo James Legal Solicitor, Nicole Maia , talks about the importance of having a Will and why do you need one ..read more

When two people whose relationship has come to an end decide to move on with their lives by dividing assets collected before, during and even after the union, the property settlement can be complicated when one of the parties expects to receive an inheritance from a family member at some point in the future. Australian courts deciding on family law matters have wrestled with the issue of whether such an inheritance is properly characterised as property or a financial resource, which are considered differently under the Family Law Act 197 5 (‘the Act’). The distinction is crucial to deciding ..read more