Loan or gift? A Perennial Problem

During the course of a relationship, it will occasionally transpire that the family or friends of one of the parties to the relationship will provide the couple with money. This can be in the form of a gift, or it can be a loan. Obviously, if the money is a gift, there is no expectation that it will be repaid. If the money is a loan, the reverse is true. Usually, in circumstances when money is loaned, a security is
Read More

Don’t Trust a Trust

When considering what is a fair property settlement after a relationship breakdown, the first step is to identify the assets, liabilities and financial resources of the parties. A family home registered in the name of one or both of the parties or cash at bank in the name of one or both parties can be easily identified as being property of the parties. However, the task can be more difficult when, for example, wealth is held in a family trust.
Read More

I’m a grandparent. I want to spend time with my grandchild. What can I do?

Grandparents often play a significant role in a child’s life. The Family Court recognises the importance of the relationship between a grandparent and a child. In circumstances where a grandparent is not being afforded the opportunity to spend time with their grandchildren, a grandparent can make an application to the Family Court for ‘spend time with’ orders.
Read More