Introduction Proceedings in the Family Court can be slow and are almost always costly. Therefore, the possibility of quickly dismissing the other party’s case is attractive. Frivolous or Vexatious Proceedings Section 118 of the Family Law Act contains the following provision: (1) In proceedings under this Act the court hearing the proceedings may at any stage of the proceedings if it is satisfied that the proceedings are frivolous or vexatious…
Continue readingMalindi
The Law of Luck in the Family Court
A reliable rule of thumb is that until there is a legally enforceable settlement, any money or property received after separation will be taken into account by the Court when dividing property. One example is a lotto win. A lotto win might be hard to imagine because they are so rare. However, include in that category inheritances, asset value increases through booms and rezoning. All of a sudden we are…
Continue readingThe death of the simple will
One of the most common requests we receive is for a “simple Will”. Unfortunately, the use of companies and trusts to hold assets, blended families, divorce, defacto relationships and superannuation can make the drafting of wills a complex business. In general, if a client has a complex life there is every likelihood that his or her estate planning will also be complex. Superannuation is a case in point. Superannuation is…
Continue reading