Navigating Gifts and Loans from Family in Relationship Breakdown
The housing market's increasing challenges have led many young couples to rely on financial assistance from parents and relatives to purchase their homes.
Research by the University of Sydney found that in Australia two in five young adults expect they will receive family help to buy their first home purchase.
While this can be a great help, it can also become a source of conflict in the event of a relationship breakdown which we know is about half the time.
Disagreements then arise about whether the funds were a gift or a loan. The distinction between the two is crucial because it can significantly impact the division of matrimonial assets and can unfairly prejudice lenders if the court gets it wrong.
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A discourse with ChatGPT about AI in the legal profession
There is no doubt that AI will progressively transform the legal profession
Lawyers are already using AI for various tasks such as contract review, case summaries, document review and discovery, legal opinions (with varying results!), social media content, predictive analyses, compliance and legal research to name a few.
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Lying, unconcious psychological processes and parental alienation in family law disputes
When parents go through an acrimonious separation process, it can be difficult to detach the children from the fight between the parents. At its worst, the children can become a weapon to attack the other parent. This article looks at the role that hte psychological process of attribution and moral disengagement plays in this.
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Why is Focus on Family a different kind of law firm?
At Focus on Family we help people navigate through the financial aspects of their divorce or separation, and to assist with parenting disputes. After years of helping clients, it’s obvious to us that there is no one solution that applies to all families, and we have seen the importance of people retaining control of their own outcomes.
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The Major Complex Financial Proceedings List – Federal Circuit and Family Court of Australia
The new list introduce under the new Federal Circuit and Family Court of Australia will case manage complex property pools with a net asset pool of $20 million or more. It is one of many new initiatives aimed at improving case management in the family law system.
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How are family law property settlements formalised?
We LOVE it when separating couples reach an agreement by themselves, or with the help of a mediator. But the key to ensuring the agreement sticks and people can move on without future risk of a claim by the other is to have it legally formalised. Until it is formalised by one of the two ways provided for in the Family Law Act, a party can withdraw consent to the agreement (yes, even if you have put the terms into effect!) and make a claim for a different outcome in court.
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What is the difference between a barrister and a solicitor?
Most people feel they have a good understanding of what a lawyer is, but are confident in explaining what the difference is between a barrister and a solicitor. Both are lawyers, or Australian Legal Practitioners, but they have distinct roles in family and relationship disputes.
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Recent case on Vaccination of Children in the Federal Circuit and Family Court of Australia
Family law decision on who gets parental responsibility for decisions about vaccinations when parents disagree.
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Electronic Witnessing – Flash sale for Wills, Power of Attorney & Probate
On 26 April 2021, the amendments to the Electronic Transactions (Victoria) Act 2000 (Vic) were permanently legislated. Electronic witnessing is here to stay.
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Best interests of the child – What does it mean?
As a family law lawyer, the phrase, ‘best interests of the child’ rolls off my tongue numerous times a day. It’s enshrined in litigation and brandied around as if there is an obvious and accepted meaning to the term. “The Court will determine the issue based on the best interests of the Child,” I say, as if there is some mathematical formula that can be applied to any child to determine the perfect solution to where he or she spends their time and who is responsible for decisions affecting them. If only it were so easy!
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