Szabo & Associates News & Updates

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

Who Is to Have Custody of The Family Pet After Separation?

Pets can be important to families, and disputes over the family pet in separations appear to be becoming more common. However, in Australia, the Courts have only limited capacity to deal with pets with no legislation for guidance though legal precedent has been established with several cases.

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253 Hits

Varying “Final” Parenting Orders: Resolving A Dispute Between Parents with Equal Shared Parental Responsibility in Cameron & Brook (2018).

Background

The blog How “Final” Are Final Parenting Orders? (November 2017) considered the ruling in Rice & Asplund, concerning final parenting orders, and how “final” such orders may actually be. The Full Court of the Family Court recently had cause to consider the position in a differing set of circumstances where parents with equal shared parental responsibility were in dispute over the schooling of one of their children, in the case of Cameron & Brook.

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166 Hits

Pass the Parcel. Former Wife Transfers her Tax Debt to Ex-Husband: Commissioner of Taxation v Tomaras (2018)

Background

The recent case of Commissioner of Taxation v Tomaras (2018) raised both constitutional and family law issues. It considered whether, in property settlement proceedings, the Court has the power to order that a (bankrupt) husband be substituted for his (former) wife with regard to the tax debts owed by her so that he became solely liable.

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515 Hits

Choose Executors for your Will with care: Lessons from the NSW Supreme Court in Wise v Barry (2018)

Background

The Supreme Court of NSW recently removed a co-executor to an estate so that the administration of the estate could be finalised. The case of Wise v Barry: The Estate of Robyn Margaret Wise (2018) NSWSC 1726 demonstrates the importance of those making a Will choosing executors with care. Failure to do so increases the risk of disputes leading to delays and extra costs. But who do you choose?

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486 Hits

Child Custody, Parental Separation & International Relocation in Kerson & Blake (2018) FAMCAFC 215

Background

When a parent is considering relocation, an application must be made, and the Court has to weigh and balance the children's best interests with the relocating parent's freedom of movement. This issue recently arose in the case of Kerson & Blake (2018) FamCAFC 215, in which the mother successfully appealed an order which provided that her children were to live with their father in Canberra should she relocate back to the United States of America.

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294 Hits

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