Intelligence

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

A person does not need to be named in parenting orders to face consequences. If they knowingly encourage, assist or participate in a breach, the Court may find they have contravened the orders and impose penalties, including costs, fines, community service or, in serious cases, imprisonment.

Understanding when a relationship becomes legally recognised as de facto in Australia is more complex than many believe. This article examines the legal framework under the Family Law Act 1975, exploring how courts assess relationships of varying durations and what factors truly determine de facto status beyond the commonly misunderstood two-year threshold.

When a spouse or de facto partner excludes you from their will or fails to make adequate provision, Western Australian law provides recourse through the Family Provision Act 1972. The Court evaluates multiple factors including estate size, your existing provisions, financial circumstances, and the deceased's moral obligations to determine if additional provision is warranted.

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.