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Author: Kath Fielden
Under the Family Law Act 1975 (Cth) superannuation is treated as property that is available for division following separation.
However, superannuation is different to other marital property because it is property held in a Trust until fund …
Once the Court has ordered a super split or the parties agree to implement a super split, superannuation benefits from one party will be rolled over into the nominated complying super fund of the other party.
If a 50:50 superannuation …
Author: Tom Hunter-Leahy
*Trigger warning: This case note contains some references to subject matter and material that may be traumatising or upsetting for survivors of sexual assault and rape, as well as their families. Reader discretion is advised.
If reading …
Author: Kath Fielden
The Family Law Act 1975 (Cth) requires the Court to make decisions that are in the best interests of the children. The guidelines that the Court is required to follow when considering which Orders are in the …
Author: Cathy Pares
Many of these rural towns have vulnerable children, such as young Xander from Walgett who suffered what could have been a fatal infection of fluid on the brain. Without the benefit of regular doctors and continuity of …
Author: Allie Anderson
This article analyses the nature and meaning of causation in medical negligence matters. It looks at a recent case in which a hospital admitted it breached its duty of care but denied that this negligence caused the …
Author: Allie Anderson & Cathy Pares
The results of the NSW regional health inquiry released has confirmed the cracks in a health system at breaking point. Politicians are agreed on the extent of the problem driven by chronic underfunding, longstanding …
The recent decision of Inthaphala v Insurance Australia Limited t/as NRMA Insurance [2021] NSWPIC 541 decided by the Personal Injury Commission (“Commission”) highlights the issue of contributory negligence in CTP personal injury damages claims. Mr Inthaphala was a front seat …
