Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

In a Property Settlement is a Lottery Win to be Shared Equally Between the Separating Spouses?

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In the case of Elford & Elford (2016), the Full Family Court dismissed the appeal of a wife who was seeking an increase from the 10% of the $1.4m asset pool she had been awarded, on separation, to 32%. A large part of the pool consisted of a lottery win of her husband. The wife, on appeal, argued that the Federal Circuit Court trial judge had incorrectly decided that the lottery win was a contribution by the husband rather than a “joint contribution” of them both.

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32 Hits

Property Settlement Entitlement in a Short-Lived "De Facto" Relationship

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The Federal Circuit Court of Australia recently had to consider whether it should make property orders in respect of a relationship that had lasted just 14 months. Adesso & Payton (2019) involved a pilot and an unemployed woman who was caring for a child of a previous relationship.

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25 Hits

Challenging a Development When Time Limit for Appeal has Expired

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A recent decision in the NSW Land and Environment Court, Wingecarribee Shire Council v Uri Turgeman t/a Uri Design (2018) provided a reminder of the factors that will be considered by the Court when challenging a development after the expiry of the appeal period.

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68 Hits

Bribery and Corruption: Commercial Fraud and the Proceeds of Crime

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In March 2019, The Sydney Morning Herald reported on an alleged $40 million corporate fraud investigation instigated on claims by a whistleblower within National Australia Bank. The alleged, a company director, was arrested and charged with over 50 bribery and corruption offences. It follows a 12-month investigation by the state’s financial crimes squad.

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76 Hits

Text Message Ruled Admissible: Are Statements in Negotiations now Admissible Evidence?

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Background

There are some provisions of the Evidence Act 1995 (Cth) that are excluded from some Family Law proceedings. However, when drafting an affidavit, legal practitioners still need to consider the operation of a number of provisions of the Evidence Act, including Section 131(1).

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90 Hits

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