Szabo & Associates News & Updates

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.

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.

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.

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.

Getting married and divorced has become an everyday occurrence across the world. Latest statistics show that more than 112,000 marriages were registered and over 49,000 divorces were granted in Australia over the year to end 2017. Whether you are getting married or divorced, it is imperative that you update your will to reflect any major changes in your life.