Tasman Ash Fleming, a barrister and accredited mediator (NMAS), highlights the importance of considering what is the purpose of the order sought. This article looks at the recent decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (‘Hagendorfer’) and addresses potential risks and provides guidance for practitioners to mitigate these risks.
Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.
The Family Law Amendment Bill 2024 seeks to modernise and improve Australia's family law system, focusing on the key areas of property division and family violence. According to Commonwealth Attorney-General Mark Dreyfus KC, these reforms are intended “to make the division of property and finances safer, simpler, and fairer for separating families, especially where family violence is present.
A recent case before the New South Wales Court of Appeal, Gan v Xie [2023] NSWCA 163, resurfaced issues regarding direct speech, and how it ought to appear in an affidavit. Barrister Jonathan Tsang, a College of Law graduate, spoke to us about the key implications following this decision, and what lawyers need to know moving forward.
Nothing captures the public’s imagination quite like a great court case. From Trump’s declaration that he is a “very innocent person” to Bruce Lehrmann’s defamation-chasing criminal trial, watching people have their day in court is oddly compelling. The College decided it was high time we looked at the headline-making trials from the 21st century and the flow-on effects these rulings had. Here are the top ten court cases that have held Australia’s collective attention.
The REIQ contract for houses and residential land and REIQ contract for residential lots in a community title scheme have been amended as of 7 June 2024. Tara Cush, lecturer at the College of Law Queensland, provides an overview of how these amendments will impact REIQ contracts.
Priority Notices are a relatively new feature in Real Property that property lawyers need to work with, and as such, they are not always well understood. Here to demystify how Priority Notices work, how they came about, and when and how to use them is property lawyer Greg Stilianou.
The Succession Act 2023, assented on 28 September 2023, makes significant reforms to South Australia’s succession laws. When it comes into effect - on a date yet to be set - it will repeal three Acts (the Administration and Probate Act 1919 (SA), the Inheritance (Family Provision) Act 1972 (SA) and the Wills Act 1936 (SA)) and amend several others that impact this area of law. We spoke with DBH Lawyers partner and Estates lawyer and College of Law Adjunct Lecturer, Megan Horsell, about what practitioners need to know about the new Act.
Family Law is undergoing a series of major reforms to the Family Law Act 1975 (Cth) which involves proposed changes as set out in the Family Law Amendment Bill (No. 2). Family lawyer and College of Law adjunct lecturer Kathryn Kearley provides an overview of the second tranche of reforms which have been moving through a consultation process, this ended on 10 November 2023. Here is a brief covering the Consultation on the Family Law Amendment Bill (No.2) 2023.