Posts Categorized: Family Law

Share your family law experience

  In May 2017 the Federal Government announced its intention to conduct a review of the family law system. The Australian Law Reform Commission released the terms of the review in September 2017. The Commission have now set up a confidential website where you can share your experience with the family law system. They are looking to hear from people who have been involved with the family law system, particularly in the last five years, to find out what helped you and your family or what aspects of the family […]

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Inheritances received after separation

  The Family Court of Australia recently looked at whether an inheritance received by one party three  years after separation should be included as property to be divided between the a Husband and Wife. The Case The case involved a Husband and Wife who, at the time of trial, had been married 17 years and separated 8.5 years. Under his brother’s Will the Husband received a property worth $715,000 three years after the parties’ separation. The property was unencumbered at the time of trial. The trial judge excluded the property […]

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Section 60I Certificates explained

What is a section 60I Certificate? If you need to go to Court for children’s matters you must first obtain a section 60I certificate. The Court cannot accept an application for children’s orders without the certificate or you have a valid reason for the certificate to be waived. How can I get a section 60I Certificate? You can only get a section 60I certificate through an accredited Family Dispute Resolution practitioner. A section 60I certificate can be provided to you after you have attended mediation, if your former partner refuses […]

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When Does a Gift Become a Loan?

  A recent NSW Court of Appeal case examined the circumstances when money initially provided as a gift could later be classified as a loan. The Case In the case, the father made a financial advance to his son in the amount of $1.2 million to assist the son and his wife purchase their family home. Following a successful purchase at auction, the father had several discussion with friends and his son, the father changed his mind and wished to classify the gift as a loan. The father engaged his […]

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Guide to Living and Working in the Orana Region

Our Senior Associate, Melissa Mastronardi, has been working with NSW Young Lawyers and the Orana Law Society on the Guide to Living and Working in the Orana Region. The project aims to assist young lawyers who find themselves taking job opportunities in regional NSW. The Guide is the first of its kind in NSW. It contains helpful information to assist young lawyers settle into their new surrounds with tips to help them feel like a local in no time along with information about the NSW Young Lawyers and Orana Law Society. […]

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When can I get divorced?

If you have been married and separated from your partner you might wonder when you can apply for divorce. The general rule is either party to a marriage can apply for divorce one year and one day after their separation.  This means, if you separated on 1 January 2017 you can file for divorce on 2 January 2018. If you and your spouse are physically separate, that is one person moved out of the home, the separation date it is relatively easy to work out. If you continued to live […]

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How does divorce affect my property matters?

Many family law clients are worried what affect a divorce will have on their family law matters. The two most common questions asked of our family lawyers are: Can I have a property settlement before I get a divorce? Can I still have a property settlement after my divorce? Can I have a property settlement before I get a divorce?  You do not need to wait for your divorce to have a property settlement. There is no time period after you have separated that you need to wait before you […]

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Family Lawyers in Dubbo

Never married? De Facto? When can you have a property settlement?

If you were living with someone in a de facto relationship and have separated, you may need to consider having a property settlement. You can have a property settlement by agreement or, if you cannot agree, by filing an Application before the Family Court or Federal Circuit Court. If you need to file an Application it is important to remember time limits apply. Married people have 12 months from the date of divorce to file their Application.  People in a de facto relationships have 2 years from the date of separation […]

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Duffy Elliott Lawyers Senior Associate - Melissa Mastronardi finalist of Young Lawyer 2016

NO OBJECTIONS HERE: MELISSA UP FOR TOP AWARD

Senior Associate Melissa Mastronardi has been announced as a finalist for 2016 NSW Young Lawyer of the Year. Melissa is one of four finalists handpicked from over 15,000 young lawyers in NSW. Melissa has been with Duffy Elliott Lawyers since 2014. She is currently the head of our Family Law Team. The achievement is quickly becoming the talk of the town after the Daily Liberal visited our office keen to report the achievement to Dubbo and surrounds This nomination is a surprise only to her. Melissa is the Vice-Chair for […]

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