Insights
Substantive writing on the issues that matter to our clients — family law, wills and estate planning, estate disputes, and Supreme Court property matters in NSW.
Legal fees can be difficult to manage during separation, especially where most assets are tied up in property. We explain common ways to fund family law legal costs, including JustFund, and the issues to consider before using legal finance.
Your stepchild may be an adult, but it may still be possible to legally adopt them in NSW. We explain who qualifies, whether the other birth parent must consent, what the Court considers and the legal consequences of an adult adoption.
If your ex refuses to sell a jointly owned property, they may not be able to prevent a sale indefinitely. We explain your options.
What evidence do you need if your ex refuses to consent to your child’s passport? We explain the documents that can support a special circumstances application or Family Court passport orders, particularly where family violence is involved.
Your ex won’t sign your child’s passport application. What now? We explain the two pathways: applying directly to the Australian Passport Office under special circumstances or asking the Family Court for passport and travel orders.
Excerpt: If your ex's income or assets don't add up, disclosure, subpoenas and financial records can help uncover the true financial position.
Separation does not automatically give you the right to lodge a caveat over your ex’s property. We explain when a caveatable interest may exist and when a Family Court injunction may be the better option.
The family home does not automatically have to be sold after separation. We explain what can happen to the house, including selling, refinancing, transferring it to one person or delaying a sale.
What are your rights as a parent after separation? We answer common questions about parenting arrangements, 50/50 care, parental responsibility, mediation, child support and the best interests of children under the current Family Law Act.
How does the Court decide what parenting arrangements are best for a child? We explain the current section 60CC factors, including safety, children’s views, parental capacity, relationships and the 2024 Family Law Act changes.
Preparing for your final hearing: The final hearing in the Family Court of Australia is a critical stage in testing the evidence before a judge decides.
A Child Impact Report can influence your parenting case. Learn what happens, how to prepare and what to do when you receive the report.
An estate may have valuable assets but little cash available to pay probate and administration costs. We explain how estate expenses are commonly funded, including when legal funding may help bridge the gap.
Probate can look straightforward until an executor encounters an unusual Will, property, debts, family disputes or a Court requisition. We explain what is involved and when getting a lawyer to handle the estate may save time, cost and risk.
A testamentary trust can protect and manage an inheritance, but it is not right for every estate. We explain when one may be worthwhile, the potential tax and asset protection benefits, and the limitations.
If you’re contributing money to an adult child’s property in return for somewhere to live, a granny flat agreement can clarify your rights and what happens if the property is sold, someone dies or family circumstances change.
If you are a beneficiary and the estate figures do not add up, you may be able to require the executor to account. We explain what information can be sought, how passing accounts works in NSW and what can happen if payments cannot be justified.
Can you contest a will in NSW if you have been left out or inadequately provided for? We explain Family Provision claims, eligibility, time limits, notional estate and what the Supreme Court considers.
Where two or more people own property together and one will not agree to sell, section 66G of the Conveyancing Act 1919 (NSW) gives the NSW Supreme Court power to appoint trustees for sale. The discretion is narrow; most matters settle once the application is filed.
A caveat on your property can delay a sale, refinance or transfer, but it does not prove the caveator owns an interest. We explain the options for having a caveat withdrawn, lapsed or removed.
A caveat can protect a legal or equitable interest in NSW property, but it cannot simply be used to freeze someone's assets. We explain when a caveat may be appropriate, how it works and the risks of lodging one without a proper basis.
NSW rental laws have changed. Here’s what landlords and tenants need to know about evictions, rent increases, pets and rent payments.