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17/01/2014

The future of Same Sex Marriage in Australia

The High Court has found that the ACT Marriage Equality (Same Sex) Act 2013 is of no effect. Although some groups who are anti gay marriage are treating this as a win, the better view of the ruling is that it actually helps the case for marriage equality. The High...

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09/01/2014

Gender Bender

‘Sex’ and ‘gender’…same thing, right? Wrong. These words have different semantic meanings which is important to understand. ‘Sex’ is about one’s biological makeup. That is, their chromosomes, gonads and genitalia. So penis = male, and vagina = female. So what about intersex people? ‘Gender’ on the other hand is often...

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08/01/2014

New Approach to Protecting Children from Harm

The Family Law Act focuses on protecting children from harm and the Attorney General’s Department has recently commissioned the Family Law DOORS framework (which stands for the “Detection of Overall Risk Screen”) to assist professionals, including family law specialists to detect risks to the safety and wellbeing of their clients...

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10/12/2013

Taxing your settlement

The ATO has released a draft ruling that has the potential to reduce the amount that high-wealth individuals receive from property settlement by nearly half. For high-wealth families it is not uncommon for them to hold their assets in private companies and trusts for tax reasons and for asset protection....

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11/11/2013

Christmas Contact

The Christmas period and the Christmas school holidays can be a difficult time for separated parents. The Family Court requires that, if there is a dispute about parenting, it be filed before 8 November, which has now passed. The Federal Circuit Court of Australia will accept applications if the circumstances warrant...

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27/10/2013

The ACT Marriage Equality Act – what’s all the fuss?

The Marriage Equality Act 2013 (aka ACT’s same sex marriage law), drafted by the ACT Labor Government, has caused a stir! For now at least, same sex couples in the ACT can get married. The legislation provides an avenue for marriage for those who cannot be married under the Commonwealth’s...

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23/10/2013

Same-sex relationships and Family Law

The ever-present topic of gay marriage highlights some issues surrounding the rights of same-sex couples. What rights do same-sex couples have in family law? In a nutshell, the answer is that in Australia, the same laws apply to same-sex couples as to de facto heterosexual couples when it comes to...

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14/10/2013

With this SMSF, I thee wed…

A good friend of Farrar Gesini Dunn, Stephen Bourke of SuperSplitting, was quoted in John Wasilev’s ‘Your Questions’ section of the Financial Review last weekend. Read the full article below: Financial Agreements made when combining super funds with a new spouse require careful preparation to be binding, writes John Wasilev....

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01/10/2013

Conference on Collaboration

Registrations have now opened for the Conference on Collaboration in October 2013 featuring Brad Hunter and Juliette Ford https://collaborativepracticecanberra.com.au/collaborative-training/

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06/09/2013

Social Media and Family Law Proceedings: What’s the Big Deal?

You’re probably thinking “how on earth are family law and Facebook related?” Well, as I’m sure you’ve seen, when a relationship is strained (as it inevitably is in family law proceedings), it is not uncommon for the parties to publicly air their dirty laundry on Facebook, Twitter, YouTube, etc. At...

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19/08/2013

When are you in a relationship?

By Ann Northcote, Director of Farrar Gesini Dunn. In this month’s blog post, we look at whether or not there ever was a relationship for the purposes of the Family Law Act, and in particular property settlement and maintenance. The English language is still yet to have the perfect words...

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26/06/2013

Family Law…On a Personal Note

How many times has this happened to you; you’re at a party with people that you are meeting for the first time, or you are having a quiet after work drink and you meet someone new, or your new hairdresser is making polite conversation with you, or you are even...

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