Financial redistribution - not every player wins a prize

13 Apr 2017 1:28 PMBruce ShawFinancial redistribution - not every player wins a prize

In the recent matter of Chancellor and Mccoy; the Court of Appeal clarified Stanford v Stanford; and concerns over s.90SF(3) [s.79(2)] “…shall not make order unless…it is just and equitable” – there is no right to adjustment of existing title independently of general property law and satisfying the “just and equitable” requirement by having regard to contributions under s.90SM (4) [s.79(4)]

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Is Court my only option; is arbitration for you?

13 Apr 2017 1:24 PMBruce ShawIs Court my only option; is arbitration for you?

There were approximately 85,000 applications lodged in the Federal Circuit Court and approximately 20,000 applications lodged in the Family Court in 2015-16. The chief justice has conceded court resources are in crisis; and clients are waiting three to five years in the family court system. Many lawyers are seeking to offer alternative dispute resolution (ADR) methods to clients. Other ADR processes such as mediation may have been exhausted and collaborative law may or may not have been tried.

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