How to Prepare for Your First Family Law Consultation
A first family law consultation is not a test. You do not need to arrive with every document, remember every date or have already decided what you want to do. The purpose of the meeting is to help the lawyer understand what is happening, identify any immediate concerns and explain what information or next steps […]
What Financial Information Should You Gather After Separation?
After separation, it can be difficult to know which financial documents matter and what should be dealt with first. You do not need to value every asset or resolve the property settlement immediately. A practical starting point is to create a clear picture of the property, debts, income and financial interests connected with you and […]
What Is an Enduring Power of Attorney and When Should You Make One?
An enduring power of attorney allows you to appoint someone you trust to make certain decisions for you. The appointment can cover financial matters, personal matters or both. Importantly, the authority can continue if you later lose the ability to make the relevant decision yourself. An enduring power of attorney is therefore not only for […]
What to Do If You Receive Family Court Documents
Receiving family court documents can feel confronting, particularly if you were not expecting proceedings to begin. The documents may concern children, property, financial arrangements or another family law issue. They may also contain proposed orders, allegations, a court date and requirements for filing a response. Do not ignore the documents or assume that the first […]
Capital Investment Fraud and Failed Investment Platforms – Legal Recovery Options
Investors facing losses from capital investment schemes or online trading platforms may have recovery options through the Courts. McDonald Legal provides strategic advice on tracing funds, obtaining freezing orders and pursuing account holders where Australian banking channels are involved.
What To Do If You’ve Been Served With an Interim Family Violence Intervention Order
Being served with a Family Violence Intervention Order (FVIO) can feel overwhelming, particularly if it has come as a surprise. Many men in Victoria find themselves in this position, often without understanding what it means or what steps they need to take next. At McDonald Legal, we regularly act for respondents to FVIOs and provide […]
High Court Rules on Workplace Disciplinary Processes: Insights from Elisha v Vision Australia Limited
The High Court’s recent decision in Elisha v Vision Australia Limited [2024] HCA 50 has reshaped the understanding of employer obligations in disciplinary processes. The ruling emphasises the importance of adhering to procedural fairness, particularly when allegations of misconduct arise. Below, we unpack the background, legal proceedings, and implications of this landmark decision. Background of […]
A New Era in Victorian Taxation: The Introduction of the Commercial and Industrial Property Tax Scheme
The Victorian Government has introduced a significant reform to property taxation with the enactment of the Commercial and Industrial Property Tax Reform Act 2024 (Vic) (‘CIPT Act’). This legislation, which came into effect on 1 July 2024, replaces the longstanding transfer (stamp) duty for commercial and industrial properties with a new annual tax regime, the […]
New Family Law Amendments Focus on Parenting Matters
In a significant development in family law, the recently enacted Family Law Amendment Act of 2023 brings forth substantial changes predominantly concerning parenting matters. These changes are poised to redefine the landscape of family law proceedings, placing a renewed emphasis on the best interests of children and reshaping the way separated parents navigate long-term decisions […]
Determining the Valuation Date for Assets in Family Law Property Settlements
Post-separation contributions refer to monetary inputs that are considered when assessing assets during family law property settlements.. The Full Court of the Family Court has underscored the significance of post-separation contributions, labeling them as an “extremely relevant consideration” (Maine and Maine [2016] FamCAFC 270 at [38]). If one party significantly augments their assets post-separation but […]