The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but
Call us on
Call us on
There is a common misunderstanding that everything one brings into a marriage or de facto relationship remains their property absolutely in the event of any future separation. Under Australian Law, that is not the case.
Instead, upon separation, the Law says that one must identify and assess all contributions a party has made during the relationship. Importantly, this can include initial contributions that a party makes at the beginning of a relationship.
Therefore, in most matters, it is important to identify what each party had, by way of assets, at the commencement of the relationship. In the majority of cases, such an exercise is an easy one and assets are easy to identify.
It is very important to not only identify the asset that has been contributed but also to identify the nature of the asset contributed and the effect (if any) that asset had on further contributions made during the relationship.
For example, if someone contributes a home worth $500,000.00 at the beginning of the relationship and that home is used by both parties to reside in during a 20 year relationship and is worth $2,000,000.00 at the end of the relationship, then more significance and weight would be placed on that initial contribution, because of the benefits it provided to the parties throughout the relationship. It was an asset that appreciated in value and provided other benefits (via contributions) to the family.
Contrast this with someone who contributes a $100,000.00 motor vehicle at the commencement of a relationship and that vehicle sits in the shed for 20 years and is never used. At the conclusion of the relationship, the vehicle is worth $5,000.00. The contribution is practically worthless and little weight or importance would be placed on it.
It is the nature of the asset that is contributed and the use to which it is put that is very important.
Further, one does not always have to contribute tangible assets. If one has started a business for instance and has an existing client base or has already obtained qualifications and degrees, then the contribution of that expertise and/or existing client base, may in itself be an important contribution during a relationship.
Therefore, in all relationship breakdowns, it is important to identify the nature and type of assets and/or resources that a party had at the commencement of the relationship and to examine to what use those contributions were put (if any) throughout the relationship.
Therefore, in most matters, it is important to identify what each party had, by way of assets, at the commencement of the relationship. In the majority of cases, such an exercise is an easy one and assets are easy to identify.
It is very important to not only identify the asset that has been contributed but also to identify the nature of the asset contributed and the effect (if any) that asset had on further contributions made during the relationship.
Recently, we have had a number of cases where parties have good prospects to appeal, but
It is probably commonsense and goes without saying, but in so many matters we have clients
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.
1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.
2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.
3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.
4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.
5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.
6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.
For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.
