Legal Insights
Preserving intergenerational wealth - key considerations in family law proceedings
The decision in Caldwell and Caldwell [2025] FedCFamC1F 506 (Caldwell) reaffirmed the position that while the Federal Circuit and Family Court (Court) has broad powers in respect to family law disputes, its powers are not limitless. In the context of preserving intergenerational wealth, particularly where long-standing family-operated businesses are involved, Caldwell provides welcomed reassurance that where trusts are established and structured effectively, for a clear genuine purpose, they can successfully limit assets from the reach of the Court.
When love ends but bills don’t: What is Interim Spousal Maintenance?
After a relationship breakdown, one of the most pressing concerns for a separated person is often how they are going to be able to financially support themselves going forward. This is particularly so if it is now down to them alone to meet their bills and living expenses which were previously shared with or paid by their former partner.
How to Serve your former spouse with a divorce application
There are particular requirements for service of divorce applications and a number of documents which must be filed with the court to prove that an applicant’s former spouse has received the divorce application in the correct manner.
Here we answer some common questions in relation to service of an application for divorce.
Getting a divorce - commonly asked questions
In Australia marriage is defined as “the union of two people to the exclusion of all others, voluntarily entered into for life”. When that union has broken down with no reasonable prospect of a reconciliation the law allows for a mechanism to dissolve the union. This is known as a divorce. A divorce changes your legal status.
To Caveat Or Not To Caveat – That Is The New Question
A caveat is an application that any person with a legal interest in a property can lodge with Land Use Victoria. In family law, caveats have therefore historically been used by a party to a separation who has an interest in a real property, but to which they are not on title.
Mediation in Family Law Proceedings
Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.
Service of family law documents via social media
In a world where the internet and technology have progressed to a place where a relationship can be started with a simple ‘swipe’, ‘like’ or ‘snap’ on social media, it doesn’t seem too hard to believe that a relationship can breakdown over a ‘screenshot’ or ‘instant message’.