Commentary
Notes on cases, procedure and the law — general commentary, not legal advice
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Life Tables Furzer Crestani
Available here for download: https://irp.cdn-website.com/7ab12522/files/uploaded/Assessment_Handbook_-_October_2024_%28Web_Version%29.pdf Forensic Accounting: The Essential Handbook for Economic Loss Calculations In the complex world of litigation, where economic damages must…
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Finalised in the Family Court — then the other side lodges debt recovery proceedings in the Local Court
When the Federal Circuit and Family Court of Australia (FCFCOA) finalizes property settlement orders, subsequent magistrates court debt recovery proceedings may constitute an abuse…
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Family Law Reforms commencing 2025: Key Changes and What They Might Mean for You
Most couples who choose to separate make their own, private financial and property arrangements for after the end of their relationship. If no agreement…
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How long should the Court make an ADVO for in NSW?
effectively the minimum conditions required: see s 20(3): (3) When making an apprehended personal violence order, the court is to ensure that the order…
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Why would she lie?
In criminal trials, particularly those involving sexual offences, the question “Why would she lie?” can seem compelling at first glance. This rhetorical question, often…
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What winning actually looks like in Family Law
“Dear Colleagues, [REDACTED]RE: [REDACTED][REDACTED]FILE NO. [REDACTED]We refer to your correspondence of [REDACTED].We are instructed that while our client does not agree with your client’s…
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Lifting the Harman Undertaking:
In the complex family law case of Evert & Pascal [2022] FedCFamC1F 569, the Federal Circuit and Family Court of Australia addressed several significant…
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Navigating Family Loans in Family law Context
Family loans, particularly from parents to adult children, can become contentious during property settlements. A recent case, Wei & Xia (No 5) [2023] FedCFamC1F…
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家庭法背景下处理家庭贷款：实用指南
家庭贷款，特别是父母给成年子女的贷款，在财产分割时往往会引起争议。最近的案例Wei & Xia (No 5) [2023] FedCFamC1F 679 (Justice Harper) 突显了法律从业者处理这些复杂情况时的重要策略。 核心问题 核心问题通常在于确定岳父母提供的资金是贷款还是赠与。这种区分会显著影响财产池和最终的财产分割计算。 关键策略要素 记录原始转账意图至关重要，或者至少准备债务确认书。最佳实践包括： 法院声明： THE COURT DECLARES THAT: 1. The Applicant Wife (“wife”)…
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Limitation periods in NSW
Limitation periods in NSW As per s 179 of the Criminal Procedure Act 1986 (NSW), proceedings for a summary offence must be commenced not…