In providing advice about parties’ respective property settlement entitlements, advice as to Australia’s “no fault” laws is often provided in the context of the breakdown of the marriage. However, the case of Kennon & Kennon [1997] FamCA27 provides scope for a narrow band of cases to submit that conduct is relevant.

My Injury – My Contribution. Fact or Myth?

The Family Courts face a plethora of cases involving parties that have received a lump sum payment following diagnosis of a serious health condition or injury. The Court assesses each case on its individual facts and in the case of Falcken & Weule [2019] FamCAFC the Court of Appeal was asked to consider the decision made in relation to the contribution of a lump sum from an income protection insurer following the wife suffering a stroke.

Do I really need a 60I certificate? And what is it?

In the family law context, a section 60I certificate is often referred to and people often want to know what is a section 60I certificate and in what situations is it required.

Following the breakdown of a relationship, one party often wants to make a “fresh start” or has other reasons, for wanting to relocate from the town or region where they lived with their spouse during the relationship. If there are no children of the relationship, that party can relocate wherever they want. If there are children of the relationship, both parties are to agree on whether the children should relocate from the town or region which has been their home. Recently, however a case was heard in the Family Courts in relation to a case involving one party who had relocated whilst pregnant. What happens in that situation?

At the time a relationship breaks down, the parties’ entitlements are determined in accordance with the provisions of the Family Law Act 1975. Part of the discretionary exercise in determining property settlement entitlements includes a consideration of financial contributions made to the acquisition, conservation or improvement of property.