Legislation
Dinesh Munasinha
Latest posts by Dinesh Munasinha (see all)
- Divorce and Property Dispute: Preparing for Litigation - July 30, 2015
- Everything you need to know about Family Trusts: Part 2 – Avoiding Pitfalls - November 8, 2014
- Everything you need to know about Family Trusts: Part 1 - August 21, 2014
Where there is an irretrievable breakdown of a marriage, the party’s can apply for a divorce. An application for divorce is available 12 months after the date of separation. The Court must be satisfied that you and your partner have …..
There is a common misconception by parents entering family law litigation of seeking to preserve their parental rights, however this is not the case as the Family Law Act 1975[1] is almost entirely focussed on a parental responsibilities – especially when there is the underlying principle in family law that the “best interests of a child” must come first…
The Succession Act sets out the criteria of eligibility to contest a Will. Among those eligible is a child of the deceased person whose Will is being contested, including a child born into or adopted by a de facto or domestic relationship. Moreover, it is assumed that there is a moral obligation on the deceased to provide for the maintenance, education and advancement in life of their child…
Parens Patriae means ‘parent of the country’ in Latin, and refers to the common law doctrine by which the Sovereign has an obligation to protect the interests of those unable to protect themselves, such as children and mentally incapacitated adults. For example, the State has a duty to protect children or the mentally ill who are abused or neglected…
In Australia we live in a society which places emphasis in the principles of open-government and transparency.The Freedom of Information Act 1982 was designed to make government more open and accountable by providing a right of access to information in possession of government…
Many people believe there is a right to dispose of their property on their own terms when they die. This could be outlining who is included and how much they should receive. Many believe this to be a natural right which should be unrestricted. Others disagree. The law outlines when and how much restrictions should be applied…
From 7th June 2012, however, section117AB was removed from the Family Law Act via the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011(‘Family Violence Act’). Why was section 117AB removed?..