News Flash – A step in the right direction in 2019?
Practice Direction 1 of 2019 from the Federal Circuit Court of Australia issued last week, providing for a new ...
Family Law & Divorce
Mediation in property settlement disputes – Why it is important and how to make it work
At Marino Law, we are unashamedly advocates of early alternative dispute resolution in property settlement ...
To have and withhold
Highly acclaimed SBS programme Insight last night featured a discussion on Binding Financial Agreements or as ...
Joinder of Solicitor to Federal Circuit Court proceedings sounds clear warning bell to Family Lawyers who advise on Binding Financial Agreements
On 6 June 2018, Her Honour Judge Cassidy in the Federal Circuit Court of Australia granted permission to join a ...
Parenting Disputes – When the Private and Public Legal Worlds Collide
Safety issues are, rightfully, a cause of significant concern for parents who are parties to family law ...
One Size Does Not Fit All
Small Asset Pools and Property Disputes
All property disputes in the Family Law Courts involve a five step process ...
Law Reform Alert: Merger of the family law courts two courts system into one
On 30 May 2018 the Attorney General Christian Porter announced that the family law courts structure is to undergo ...
When is “independent” legal advice not really “independent” legal advice?
One of the major protective measures for family law litigants proposing to sign a Binding Financial Agreement ...
Binding Financial Agreements – pros, cons and enforceability
The phrase “Binding Financial Agreement” or BFA’s is a collective term for a variety of different agreements ...
Unborn Children – When Can Family Law Intervene?
It is not uncommon for Family Lawyers to be consulted by prospective parents, seeking guidance as to their rights ...
Arbitration Awards and Stamp Duty – Exemption or no Exemption?
As the delays within the family law judicial system grow, many litigants are moving toward the use of arbitration ...
Family Court Approves Assignment of Tax Debts Between Spouses
The following question was recently put to the Full Court of the Family Court of Australia:
Does s90AE(1)-(2) of ...
Marino Law Adds to Family, Makes Third Tier in Prestigious Doyles List
After an extremely successful year, Marino Law has moved up on the prestigious Doyles List from Recommended to ...
Family Law – not always about the de-construction of the family – Step Parent Adoptions in Queensland
By its nature, family law practice is, in the vast majority, about families in conflict. Whether it be about ...
Family Court removes hurdle for children with Gender Dysphoria
Last week www.mamamia.com.au reported on the case of “Miles” a transgender boy who despite having loving and ...
Divorce in protest to yes vote – doomed to fail?
Today www.news.com.au reported on the “plight” of a couple who vowed to divorce if Australia voted YES to same sex ...
Australia Says “Yes” – Where to Now?
The results of Australia’s Same Sex Marriage Postal survey were announced today. By a majority of 61% Australian’s ...
Worst Pre-Nup ever set aside by the High Court of Australia in landmark ruling
On 8 November, 2017 the High Court has handed down a much awaited decision in respect of the matter of Thorne v ...
Defining De Facto
Recently in Cuan & Kostelac, the Full Court of the Family Court of Australia was asked to consider an appeal ...
Family Court of Australia intervenes when Surrogacy Agreement goes wrong
The Family Court of Australia sitting in Cairns has been required to intervene in an altruistic surrogacy ...
Declarations, Family Law and Bankruptcy – is Section 78 of the Family Law Act a hidden tool?
Under the Family Law Act (the ‘Act”), the Family Law Courts (the Family Court and Federal Circuit Court ...
Challenge of Pre-Nup set to take centre stage in Australia’s highest Court
It is not very often that family law issues are considered to be of such legal significance as to warrant a ...
Stefanovic Settlement
www.news.com.au is today reporting that The Today Show host Karl Stefanovic has finalised his “divorce” with his ...
But they are old enough to decide where they want to live aren’t they?
This would have to be one of the most common questions asked in parenting proceedings, particularly with older ...
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