Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
Changing your child’s name after separation
After separation, it is not uncommon for one spouse to change their name back to their maiden name as opposed to keeping their married name. But what about changing a child’s name? As family lawyers we are often asked about the process for legally applying to...
Certificates of title – soon a thing of the past
An exciting development in property law has been announced. After much anticipation, the Queensland Government has now passed legislation which will mean that from 1 October 2019, original paper certificates of title (also known as title deeds) for property in...
Online business and retail shop leasing – is it a retail shop?
If a tenant conducts an online retail business, but uses premises predominantly for producing or storing goods, is it a retail shop? The Victorian Civil and Administrative Tribunal (“VCAT”) recently considered this question. The Retail Shop Leases Act in Queensland...
Family Law Judges are not mediators, or are they?
In another surprising development in the ever-changing landscape of Australian family law, Judges in the Federal Circuit Court of Australia can now act in certain cases, as mediators. "Judicial Mediations" as they are called, are an entirely new service now being...
A home buyer’s nightmare – property inspections failing to find fault
A buyer is awarded only $500.00 for a building inspection report that missed extensive termite damage. Building and pest inspection conditions are incredibly common in property contracts these days. When purchasing a house or unit, it is always recommended that you...
4 tips to survive Valentine’s Day after your separation
If you have recently gone through a separation, you might be dreading the upcoming annual “celebration of love” Valentine’s Day. If you are anything like me and you are reading this article, your mind is probably already turning to the scene from Bridget Jones’s Diary...
What happens when separated parents cannot agree upon which school their child will attend?
After parents have separated, it is not uncommon for many issues in relation to their children to come into dispute. These issues may have previously been agreed upon prior to separation. One issue that we see often in family law is the choice of school which your...
Yours, mine, and ours – The effect of marriage on a will and competing interests in a blended family
Being a member of a blended family can create some unique challenges. There are very few families who conform to the “Brady Bunch” dynamic, where six children happily share two bedrooms and one bathroom and every problem is magically resolved within 30 minutes. With...
BIF Legislation has commenced!
A reminder that chapter 3 and chapter 4 of the Building Industry Fairness Act 2017 (“BIF”) commenced on 17 December 2018. BIF now applies to all payment claims for construction work, regardless of the contract date. BCIPA only applies to claims made before 17...
Exclusive use areas in community titles schemes
We have seen a few examples recently of buyers not being aware of the truth about garden areas, balconies and the like which are exclusive use areas associated with their unit or townhouse. Areas such as these are often overlooked in the negotiation of the sale, or...
Self managed super funds – not just another trust
Self managed superannuation funds (“SMSF”) have become quite popular investment vehicles in recent years. It is, however, important to remember that they are not a “set and forget” investment, nor are they like other investments or even other trusts such as family...
Australian Federal Police uncover child stealing ring in Australia
Child abduction has recently been in the spotlight after the Australian Federal Police made a number of arrests in relation to the involvement by individuals in a child stealing ring that has been operating in Australia. The individuals involved have been charged with...
What rights do grandparents have with respect to their grandchildren?
Parenting matters under the Family Law Act focus on the principal consideration of ‘what is in the best interests of the child’. The Act facilitates children having a meaningful relationship with both parents and other significant persons in their lives, such as...
New decision sheds light on international child abduction/ relocation
A recent decision of the Full Court of the Family Court of Australia has examined the application of the Family Law (Child Abduction Convention) Regulations 1986 (Cth), in the context of a child being abducted or unilaterally relocated from another country to...
Is superannuation included in your family law property settlement?
The simple answer to this question is - yes. Since 2002, parties’ superannuation interests have been treated as property that is available for distribution in family law property settlements. In some relationships, superannuation will be the most significant asset in...