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How is Superannuation dealt with in a Family Law property division?

Is Superannuation included as ‘property’ in a Family Law property division? After separation, it is generally necessary for property entitlements to be formally adjusted between the parties in accordance with each party’s entitlements under the Family Law Act 1975. Sometimes it may be appropriate to divide the matrimonial property pool on a 50/50 basis between

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How to protect the Family Business from the impact of separation

Divorce is never going to be a simple process. When a family business in involved, it invariably becomes quite messy.  If you are the person considering leaving the relationship, then you should take steps in preparation for doing so. The earlier you can see a Family Lawyer the better as they will be able to

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The importance of a business valuation in a Family Law property division

Around 70% of Australia’s 2.1 million businesses are family owned.  This means that family businesses are commonly involved in a property division dispute when a couple separates.  Very often, both parties have worked hard and endured sacrifice to help the family business along.  When a marriage or de facto relationship breaks down, the family business

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Transgender children and the Family Court

On 31 March 2021 we recognise Transgender Day of Visibility, an international celebration of trans pride and awareness. In support of Transgender Day of Visibility, it is timely to look at the progress in the Family Court over the last several years regarding transgender children and their legal right to access medical treatment.   For many years, transgender children and their families were required to apply to the Family

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When you should review your Will, and why

Firstly, if you are reading this article, that means you already have a Will and for that your family will thank you. Having a valid Will eases the grieving process for your loved ones. However, having a Will isn’t something that should be done and never to be thought of again. At best, an outdated

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My Ex and I have reached agreement on our property matter, what next?

Formalising Property Matters If you and your ex-partner have been able to reach an agreement about your property matter without the involvement of lawyers, the next step is to formalise your agreement. That’s where our experienced Family Lawyers  can help. There are two (2) ways you can formalise your property matter and obtaining expert independent

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When should I speak to a family lawyer?

The idea of speaking to (and paying for) a family lawyer can be terrifying. For a lot of people, the only time they have ever hired a lawyer was to buy or sell a home. However, when it comes to Family Law, speaking to a lawyer at the right time can save you time, money,

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What is Child Support?

Child Support is one of the most complicated and contentious issues for separated parents. Child Support can be very confusing to understand and can cause ongoing tension between separated parents, especially as Child Support is payable until a child turns 18 or finishes high school (whichever happens later). What is Child Support? Child Support is

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What about my Self Managed Super Fund?

Many couples choose to invest in their superannuation via a Self-Managed Superannuation Fund, rather than in the usual types of superannuation funds such as industry funds.  Often that is done on the advice of their accountant or financial advisor, either for asset protection purposes, or because it is considered that the type of investments they

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Was it a Gift or a Loan?

As we try and navigate our way through the impact of COVID-19, it is becoming more common for young Australians to receive a “hand-out” or a “hand-up” from their family. For those lucky enough to receive such help, it is important to think about how this money may be treated in the event of a

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How to Avoid Unnecessary Death Duties

Your Testamentary Trust Will and Surcharge Duty and Tax The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”) was assented to on 24 June 2020. The Act has implications for the trustees of Testamentary Trust Wills. The Act provides that if a Trustee of a Discretionary Trust (including testamentary trusts) is taken to be a

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Do I need a Lawyer to assist with my Family Law matter?

The short answer is yes. You are not legally required to have a lawyer for a Family Law matter, and the Court tries to make it as easy as possible for people to manage their own Family Law matters. However, this does not necessarily mean that going it alone  is a good idea. Family Law

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What is Family Law?

Family Law includes many complex and intersecting legal issues which arise due to the existence of family relationships.  Legal rights and entitlements can depend on the nature of the relationship, its history and duration, the birth of children and factors in relation to the interdependency and a person’s ongoing need for financial support. At Delaney

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Recovery Orders and Issues with medicating children

The client has an autistic child who was medicated by his prescribing paediatrician. The father of the child was refusing to allow the mother to give the child the prescribed mediation and then refused to return the child to the mother telling her she was unsafe and was “drugging” the child. He wanted to use

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