Secret Recordings in Parenting Matters
Wednesday, 7 June, 2023
The Commonwealth Evidence Act provides that illegally obtained secret recordings are not admissible in Family Law cases unless the benefit of the evidence outweighs the undesirability of admitting illegally obtained evidence.
Read moreParental Responsibility
Wednesday, 31 May, 2023
Parental responsibility in relation to a child means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
Read moreDo you live remotely, interstate or overseas and require family law assistance?
Wednesday, 10 May, 2023
Swan Family Lawyers assists a number of clients who reside in country areas, interstate or even overseas.
Read moreInformal Property Settlement Agreements
Tuesday, 9 May, 2023
The fact that parties enter into an informal arrangement to divide their property does not preclude either party from applying for orders for property settlement under the provisions of the Family Law Act
Read moreFamily Law Watchlist
Friday, 6 January, 2023
The Australian Federal Police maintains the Family Law Watchlist for family law matters. It identifies whether children are leaving Australia, and your child may appear on the Watchlist in circumstances where the Court has issued a parenting order limiting or preventing the child's overseas travel, issued an injunction limiting or preventing the child's overseas travel, the child is the subject of a parenting order application currently before the Court that may limit or prevent overseas travel, the child is the subject of an application for an order to place the child on the Family Law Watchlist or the child is the subject of a parenting order or injunction under appeal.
Read moreChild support and Foreign Income
Thursday, 22 December, 2022
Foreign income can be captured as Target Foreign Income pursuant to Section 43 of the Child Support (Assessment) Act 1989 and Section 10A of the Social Security Act 1991. Target Foreign Income is the total of the amount of the parent’s foreign income as defined in Section 10A of the Social Security Act 1991 that is neither taxable income or received as a fringe benefit as defined by the Fringe Benefit Tax Assessment Act 1986 and any other amount of the parent’s income that is exempt from tax under Sections 23AF and Sections 23AG of the Income Tax Assessment Act 1936 less the amount of losses and outgoings incurred. This component of your income will only become known to the Child Support Registrar if it appears in your taxation return, meaning you have declared it voluntarily. It is also possible that this income may be ascertained upon any application made for a variation of child support assessment by the payee.
Read moreCompliance with Pre-Action Procedures
Monday, 21 November, 2022
All parties are required to comply with the Pre-Action Procedures for both financial and parenting matters as set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Read moreWhat is an Enduring Power of Attorney?
Friday, 12 August, 2022
If you are worried about the possibility of your physical or mental health impacting your ability to make sound decisions in the future, a good way to protect your personal and financial assets and security is by appointing someone you trust to make these choices for you.
Read moreWhat is the Difference Between Joint Tenants and Tenants in Common?
Friday, 29 July, 2022
It is important to understand the different types of property ownership when planning your will to ensure your assets are divided according to your intentions. It is also a crucial part of administering an estate so your executor can establish if and how property forms a part of your estate.
Read moreWhat happens if you die without a will?
Friday, 17 June, 2022
Having a will ensures your property is distributed according to your wishes after you die. This may include property such as your house and monies in your bank account.
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