ByLawyers News and Updates

Family Law – Binding Child Support Agreements

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The Children’s commentary has been enhanced by adding further information regarding the binding nature of Binding Child Support Agreements and the discretion the Court may exercise to set an agreement aside. The Full Court of the Family Court decision in Masters & Cheyne [2016] FamCAFC 255 (2 December 2016) looks at what changes may be sufficient to enliven the Court’s discretion, and they are extremely limited. The Court’s view is that binding agreements are meant to be binding and possible changes in parental arrangements should be considered before executing the agreement.

By Lawyers Obiter mailing list

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Hello

Obiter has been redesigned to better deliver news about our publications in line with changes to legislation, practice and procedure.

The simpler structure will allow users to tailor their preferences and only receive information about the state they are interested in. Some subscribers may be interested in more than one state.

Please note that Federal has been auto selected for all users and will include notifications about updates to the following publications:

  • Bankruptcy and Liquidation
  • Companies, Trusts, Partnerships and Superannuation
  • Defamation & Protecting Reputation
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  • Family Law
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Family Law – Discontinuance & Summary Dismissal

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Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

Companies – new precedents

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New precedents have been added to the publication Companies, Trusts, Partnerships and Superanuation

Put and call option agreement
Put and call option precedent for use by a private company allowing the vendor to grant the purchaser a call option over the shares and the purchaser to grant the vendor a put option over the same shares.

Company constitution
Adding to a comprehensive set of commercial incorporation tools for practitioners and their clients, the constitution is for company members who elect to use a constitution, instead of the replaceable rules to guide their internal governance.

The company constitution precedent includes the general rules governing the relationship between a company’s directors, secretary and shareholders and the activities of the company and can be easily customised to suit individual clients’ requirements.

Table of Replaceable Rules

For company members who elect to use the rules to guide their internal governance. The main advantage of the replaceable rules is that a company who uses them can ensure that they are always up to date with developments and changes in regulation.

New financial agreement – Piper and Mueller

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A new financial agreement was published today in order to take into account the decision in Piper and Mueller. It covers both the requirements of during a de facto relationship under Part VIIIAB (s90UC) and the subsequent marriage under Part VIIIA (s90B). There is an informative commentary to go with it.

The new precedent is titled Combined financial agreement s90UC and s90B – During de facto relationship and subsequent marriage.

Insolvency – personal bankruptcy and corporate insolvency

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This publication has been updated as the result of an extensive author review, including new content discussing the recent changes introduced by the Insolvency Law Reform Act 2016.
For corporate insolvency up to date case law examples have been included.
Enhanced content on how bankruptcy proceedings are regulated in Australia and the role of creditors.

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