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Litigation Funding Applications

A Litigation Funding Application (also known as a Hogan Application or a Barro Application) is an application made by a party to proceedings in the Family Law Courts seeking an order that the other party pay them a sum of money to enable them to meet their legal fees. In some cases one party has significantly more funds and assets than the other party and a Litigation funding application is one way to ensure that access to justice is not lost due to limited finances. There are three criteria relevant to the making of a litigation funding order: Where one …read more

Matrimonial Property

Matrimonial assets are all those assets which have accumulated during the course of your relationship. In some circumstances, assets which were held prior to the commencement of the relationship or obtained subsequent to the end of the relationship are also included as matrimonial assets, particularly in long term marriages. It will however depend on the facts of each case. Once the asset pool has been ascertained then the court follows a process which includes: Assessing the contributions that each party made when the relationship started and the weight to be given to those initial contributions. Contributions made to the acquisition, …read more

Who may apply for a Parenting Order?

Section 65C of the Family Law Act 1975 (as amended) states that a Parenting Order in relation to a child may be applied for by: Either or both of the child’s parents; or The child; or A grandparent of the child; or Any other person concerned with the care, welfare or development of the child.

Spousal Maintenance

If one party can show the court that they have a need for ongoing financial support and that their spouse has the capacity to contribute to those expenses, then they may have a claim for spousal maintenance. Sometimes that claim will only be until property matters have been resolved, though in some circumstances, spousal maintenance orders can be ongoing for a number of years. To advise whether you or your spouse is entitled to spousal maintenance we would require details regarding both parties’ weekly expenses and current income.

What About Superannuation?

A person’s superannuation interests do form part of the property owned by that party for the purposes of a property settlement under the Family Law Act 1975. However, because super is generally not payable to a person until they reach retirement age or some other event happens, the Court cannot simply carve it up and give a portion of a person’s super to somebody else. The solution to this problem can be found in the somewhat complex provisions of Part VIIIB of the Family Law Act 1975. Under the legislation, where a Court determines (or the parties agree) that one …read more

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