HG News: Family Law Update - Sep 2008

In the last twelve months we have continued to see significant changes in the area of family law.

Financial Agreements

Click on the documents below to read a guide to the recommended steps to consider when preparing financial agreements on behalf of clients and a recent case note on the decision of Black and Black [2008] FamCAFC 7.   Topics include:

  • Discussion of relevant legislation; 
  • Suggestion of best practice guidelines;
  • Examples of operative provisions in financial agreements; and 
  • Forward thinking risk management.
  Best Practice Financial Agreements - 1.03 MB
  Case Note - Black & Black [2008] - 47 KB
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Collaborative Law

HopgoodGanim Partner, Freda Wigan spoke at the Lexis Nexis Family Law Essentials in November 2007 about Collaborative Law, an alternative, non-court based dispute resolution process used in dispute resolution processes.

Freda was also a guest lecturer at the University of Queensland recently where she presented a paper on the fundamental of Collaborative Law. To receive a copy of this paper, please contact Freda Wigan.

Freda was also elected to the executive committee of the professional organisation Queensland Collaborative Law which seeks to expand the professional membership of lawyers and other professionals who share a common interest in collaborative practice.

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Child Support

Phase 2 of the Child Support Scheme commenced on 1 January 2008 and phase 3 of the changes came into place on 1 July 2008. Because of the rapid and radical changes in this area of family law, it is imperative that advisors keep abreast of changes.

Click on the link below to view a paper regarding recent (Phase 2) and anticipated (Phase 3) changes, including commentary regarding Binding Child Support Agreements and appeals to the SSAT. 

  Child Support Update 2008 - 1.04 MB
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Family Law and Tax
View the related document below for a handy guide to current CGT consequences for Matrimonial transactions. 
  Taxation Changes for Family Law - 2.77 MB
  Guide to CGT in Matrimonial Transactions - 89 KB
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Financial Agreements

Collaborative Law

Child Support

Family Law and Tax

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