ByLawyers News and Updates

Publication Updates

QLD conveyancing – Priority notices

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From 1 January 2018 priority notices will replace settlement notices.

Settlement notices will not be accepted at the titles Registry after 4.30 pm on 22 December 2017. If lodgement is anticipated after this date prepare a priority notice. Priority notices may be signed prior to 1 January 2018.

The publication has been updated to include precedents and commentary on priority notices.

Family Law – Reference Manual – 101 Family Law Answers

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The Reference Manual – 101 Family Law Answers is the first of the By Lawyers reference manuals to be updated to the new stylish format.

As well as the new format, two commentaries have been added in the Enforcement chapter.

Court enforcement of a child support debt: A child support debt, a debt occasioned due to non payment of a registered maintenance liability, is a debt to the Commonwealth, as opposed to the payer, and is recoverable by action taken by the Child Support Registrar: s 113; or by the payee: s 113A. …

Property orders – Enforcement and the overseas factor: Unlike parenting orders, the Family Law Act, Rules or Regulation make no provision for the registration of property orders in overseas jurisdictions, or the registration and enforcement of overseas property orders in Australia. Furthermore, Australia is not party to any international conventions which provide for the reciprocal recognition of property orders overseas. …

 

Family Law – The Harman Undertaking – Information obtained on discovery or subpoena

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Commentary has been added to the Children and Property Settlement publications regarding the Harman undertaking:

Information obtained on discovery, subpoena or included within an affidavit cannot be used for a collateral or ulterior purpose unrelated to the proceedings in which that production occurs. This is called an implied or ‘Harman’ undertaking after Harman v Secretary of State for the Home Department [1983] 1 AC 280. It is a substantive legal obligation owed to the party who produces the documents and to the court: Hearne v Street [2008] HCA 36 (6 August 2008) at [107]-[108].

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
  • Employment Law
  • Family Law
  • Personal Property Securities
  • Practice Management
  • Trade Marks
  • Immigration – coming soon!

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We hope you enjoy the updated Obiter – bringing you legal news since 2015.

If you would like to touch base or offer feedback please feel free to email us at askus@bylawyers.com.au.

Warm regards

The By Lawyers team

TAS – Probate Rules 2017 – Changes to practice and procedure

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New Probate Rules 2017 have commenced:

–           Circular No 14 of 2017 Probate Practice and Procedure includes transition periods, 2017 forms, changes to practice and procedure;

–           Probate Rules 2017 – Fact Sheet – Supreme Court of Tasmania outlines new rules and forms – available on our matter plan.

Our author will review the publication following a period of implementation.

NSW – Traffic offences – Application to remove driver licence disqualification added

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Application to remove driver licence disqualification precedent has been added to the Traffic Offences matter plan as a result of the recent commencement of the Road Transport Amendment (Driver Licence Disqualification) Act 2017 which commenced on 28 October 2017.

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