Browsing All Posts filed under »Family Law – Property«

Strahan v Strahan [2011] FamCAFC 126 – The Principles Behind Making Interim (Property) Orders in Family Law

July 17, 2011

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Interim orders affecting the rights of parties in Family Law matters are common-place, but their impact can be extraordinary. If litigation drags on for 1-2 years (and often longer), the implications of the decisions of the trial judge or federal magistrate before trial are, of course, magnified. The case of Strahan (Leave to Appeal Interim […]

Resulting Trust and Advancement: The Limitations of Equitable Presumptions in Family Law Cases.

June 24, 2011

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Families regularly provide financial assistance to each other. Because they often do it in an informal way, various legal complications can arise. Having the Courts untangle these complications is not a straightforward process. Equity provides us with certain rebuttable presumptions, such as the presumptions of advancement and resulting trust to assist them but in the […]