Federal Magistrate Court case – cutting the deal is by BFA or order only

A recent Federal Magistrates Court case, Resch and Resch, is a good illustration of how, aside from death, there are only two ways to finally conclude a deal about property settlement under the Family Law Act: a binding financial agreement or consent orders. The husband and wife attended mediation and reached agreement as to the… Read More »Custom Single Post Header

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Federal Magistrate Court case – cutting the deal is by BFA or order only

A recent Federal Magistrates Court case, Resch and Resch, is a good illustration of how, aside from death, there are only two ways to finally conclude a deal about property settlement under the Family Law Act: a binding financial agreement or consent orders.

The husband and wife attended mediation and reached agreement as to the terms of a binding financial agreement and consent orders. The wife had a change of mind and did not sign the documents. The husband sought to enforce the oral agreement.

Not surprisingly, the husband was unsuccessful, and costs were ordered against him.

[Disclosure- on reading the judgment, I realised that I am the former solicitor for the wife.]

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART