Appeal Exposes Unconscionability in BFA: Beroni & Corelli Case Setting aside a Binding Financial Agreement (“BFA”) by reason of undue influence and unconscionability. This was thoroughly canvassed in the Appeal, Beroni... Read More
Author: familylawyers
Partial Property Distribution: The Law – Concepts and Principles Sections 79 and 80(1)(h) of the Family Law Act confer power on the Court to make orders for an interim property settlement... Read More
Section 114(3) of the Family Law Act relevantly provides that: A court exercising jurisdiction under this Act in proceedings other than proceedings to which subsection (1) applies may grant an injunction,... Read More
Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in... Read More
A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order... Read More
Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value... Read More
Section 74(1) of the Family Law Act empowers the Court to “make such order as it considers proper for the provision of maintenance” in accordance with Pt VIII of the... Read More
Can children decide which parents to live with? which parents to live with Which parents to live with? When determining the living arrangement for children post-separation, parents often wonder at what age... Read More
A trust arises by operation of law where it would be unconscionable for a person who holds an asset to deny the beneficial interest of another person. Viewed in its modern... Read More