Overall, the Family Law Act largely provides the same rights for de facto couples as for married persons. However there are differences which can make the process more arduous, complex and costly for de facto couples.
New financial agreement – Piper and Mueller
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.
Injury publications – medical glossary
A medical glossary has been added to the injury publications to assist practitioners with ready access to better understanding medical and trauma terms.
Insolvency – personal bankruptcy and corporate insolvency
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.
Property – NSW
Updated references to 2017 version of Regulations.
Add the Fair Trading calculator for Retirement Villages.
VOI and client authorisation have been added to the To Do Lists.
New precedents have been added to the property publications including:
- Conveyancing Rules exception;
- Law Society – Commercial 2017;
- Law Society – Strata commercial – 2017
Courts – NSW
New commentary discusses service of documents by the defendant.
References to Civil Procedure Regulations updated
VIC – Wills – changes to ademption coming in 1 November 2017
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including changes to ademption. See Wills legal Guide and precedents for further information.
VIC – Estates – legislative amendments coming in 1 November 2017
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including amendments to intestacy, partners, 30 day survival rule, and repeal of hotchpot. See the Estates Legal Guide and Precedents commentary for further information.
Property settlement – filing a response
From 2 November 2017 the time a response to related application must be filed and served is extended from 14 days to 28 days: subrule 4.03(3).
See Federal Circuit Rules 2001 for minor amendments to Schedule 1 – Costs.
Transport Accident Claim update (TAC)
The indexed amounts have been updated and commentary about Notice of Accident has been included.
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