Overarching Obligations under the Civil Procedure Act 2010 (Vic)

When you become embroiled in a civil dispute that results in litigation it can be easy to get consumed by a desire to ‘win’, rather than to resolve the dispute as quickly and efficiently as possible. A recent case decided in the Victorian Court of Appeal, Yara Australia Pty Ltd v Oswal [2013] VSCA 337 [...]

Overarching Obligations under the Civil Procedure Act 2010 (Vic)2020-01-20T12:18:20+00:00

Debt Troubles

Are you constantly being contacted by debt collectors? Have your debts become unmanageable? If so, the worst thing you can do is put your head in the sand. There are a number of resources available to assist people who are having trouble with unmanageable debt. In Victoria, organisations that can assist include: Money Help on [...]

Debt Troubles2020-01-20T13:21:24+00:00

Divorce Information

Divorce Information - Do-It-Yourself-Divorce-Kits It is possible to apply for a divorce without a lawyer. The Family Law Courts website at www.familylawcourts.gov.au provides a Do-It-Yourself-Kit, which provides divorce information and sets out the steps required for applying for and obtaining a divorce and the Application for Divorce Form. The Application for Divorce document is quite [...]

Divorce Information2020-01-20T13:21:50+00:00

Why make a will?

In many countries around the world, people do not have the right to provide how their assets will be distributed upon their death. We are lucky to have that right. In Australia we have the absolute freedom to say how our assets are to be distributed following our death. The law does not direct that [...]

Why make a will?2020-01-20T13:22:07+00:00

Powers of Attorney – Can one size fit all?

When it comes to formalising Powers of Attorney, people often assume that one document can deal with financial, medical and lifestyle issues. This is incorrect. Each of these things can only be dealt with by an attorney appointed by a deed in the form specified in the relevant legislation. If you wish to appoint a [...]

Powers of Attorney – Can one size fit all?2020-01-20T13:22:39+00:00

Relationship breakdown with children (relocation matters)

Relocation is an issue that you may face in your family law matter. Where there are no Court Orders in place, there is no legal reason why a parent cannot relocate with the children.  However, it is important to be aware that the other parent may make an Urgent Application to the Court to try [...]

Relationship breakdown with children (relocation matters)2020-01-20T13:23:12+00:00

Better Subpoenas (Part Two)

Better Subpoenas (Part Two) This is the second article in which Suzanna Sheed and Alexander Sheed-Finck of SMR Legal explore the use of subpoenas in the family law context. Suzanna is a Family Law Specialist and has acted as an Independent Children's Lawyer for many years. Subpoenas are an important part of the toolbox of [...]

Better Subpoenas (Part Two)2020-01-20T13:23:39+00:00

Family Farms: Recording Written Agreements

We have seen an increase in clients who are part of family farming businesses where a dispute has arisen in circumstances where there is no written record of the clients’ understandings or expectations.  The types of disputes we are seeing are the common family break ups and conflicts caused, for example, by: 1. the separation [...]

Family Farms: Recording Written Agreements2020-01-20T13:23:55+00:00

Separating from your partner

Separation is an upsetting and difficult experience.  However, separating from your partner doesn't need to be characterised by conflict.  You and your former partner may be able to reach agreement about the important issues, which include: the care of children; and how real estate, superannuation, money and other belongings will be divided. The benefits of [...]

Separating from your partner2020-01-20T13:24:23+00:00

Better Subpoenas (Part One)

This is the first of two articles in which Suzanna Sheed and Alexander Sheed-Finck of SMR Legal explore the use of better subpoenas in the family law context. This month is part one; an introduction to family law subpoenas. Next month; tips for practitioners issuing subpoenas and some common bodies they may want to consider [...]

Better Subpoenas (Part One)2020-01-20T13:24:47+00:00