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Family Loans: the 'Bank of Mum and Dad'

In today’s economic climate, parents increasingly provide financial support to their adult children, whether for housing, living expenses, or other major costs. This arrangement, colloquially known as the ‘bank of mum and dad’, is often well-intentioned. However, without clear understanding and documentation, such arrangements can give rise to significant family law risks, especially when relationships break down or misunderstandings arise.Understanding Family Loans and GiftsThe ‘bank of...

Choosing an Executor for Your Will

An executor is the person named in a Will to carry out your wishes after you die. It's a role people often accept without fully knowing what it involves, so it's worth understanding before you ask someone, or agree to do it yourself.What an executor actually doesAn executor locates the Will, arranges the funeral, and applies for probate (the court's official approval to act on the estate) if needed. They then collect assets, pay debts, and distribute what's left to the people named in the Will.I...

What Happens to Your Pets in Property Settlements?

The Family Law Act 1975 (Cth) (the Act) sets out rules for dividing property when a marriage or de facto relationship ends. Recent changes to the Act make it clear how pets, called "companion animals," should be dealt with in property settlements. This article explains how pets are treated under the Act and what the courts look at when deciding who should own a pet.When deciding who should get the pet, the court will look at who cared for and paid for the pet, any history of violence or cruelty,...

Relationship Breakdown and Capital Gains Tax Implications

When a relationship ends, dividing assets such as property, shares or investments can have tax consequences.The good news is that the relationship breakdown CGT rollover may allow you to defer capital gains tax (CGT) when assets are transferred between separating spouses.When does the rollover apply?The rollover can apply when an asset is transferred because of a qualifying:Family Court or other court orderConsent orderBinding financial agreementThe important point is that the transfer must be c...

What Happens if you Die Without a Will?

If you die without a Will, it's called dying "intestate". It means there's no document setting out your wishes, so a fixed legal formula decides who gets what. It doesn't ask what you would have wanted. How the formula works In New South Wales, the rules generally favour a spouse or partner first, then children, then other relatives such as parents or siblings, in a set order. If you have a blended family, a long-term partner you weren't married to, or close friends you wanted to include, the fo...

Dating During Separation

“Can I start dating while separating?" People ask me this a lot.Yes, you can. In Australia, you don’t need to wait for your divorce to start dating someone new.But think carefully before you start. Separation can take a long time-out.  You might still be sorting out money or arrangements for your children. Dating is allowed but think about whether this is the right time for you and your family.Your ex probably won’t love itEven when your relationship is over, your ex may find it hard ...

Magistrates Will Now Be Called Judges of the Local Court

Following the recent amendment to the Local Court Act 2007 (NSW), New South Wales magistrates will now be referred to as Judges of the Local Court. This new title formally took effect on 28 March 2026. Why was this change made?The term magistrate is a historical one, stemming from a time when magistrates were drawn from the ranks of public servants and sat in the Courts of Petty Sessions. Their present role and qualifications majorly differ from this, with all magistrates in New South Wales...

New rules on restrictive medical practices and your Enduring Guardian

If you have appointed an Enduring Guardian, or you are thinking about it, there is an important update you should know about. It is about something called “restrictive practices”, and it changes what your guardian can and cannot do for you.An Enduring Guardian is someone you choose to make lifestyle and health decisions for you, if you ever lose the ability to make them yourself. This might be after an accident, a stroke, or as dementia progresses. You appoint them now, while you have full c...

Separation and Mental Health

Separation or divorce can turn life upside down. Along with the emotional impact, there may be changes to your home, finances, family relationships, routines and plans for the future. It is completely normal to feel overwhelmed, anxious, frustrated or uncertain during this time.You don’t have to manage it aloneEveryone experiences separation differently, and there is no “right” way to cope. Having people around you can make a real difference. Talk to trusted family or friends, seek profess...

Cryptocurrency in Family Law Property Settlements

Cryptocurrency is increasingly appearing in Australian family law property settlements. Bitcoin, Ethereum, stablecoins, NFTs and other digital assets can form part of the property pool when a couple separates.Is cryptocurrency property?Yes. Cryptocurrency is generally treated as property under Australian family law and must be disclosed as part of the property settlement.The obligation to provide full and frank financial disclosure applies to cryptocurrency whether it is held on an exchange, in ...

Do You Actually Need a Will?

"Do I really need a Will? I don't have much to leave." We hear this a lot. And the answer is almost always yes, no matter how much or how little you own.A Will isn't just about money or property. It's about making sure the people you care about are looked after, and that your wishes are followed, instead of leaving it up to a set of rules that may not match what you'd want.What a Will actually doesA Will says who gets what when you die. It names an executor (the person who handles your estate, m...

Application for Consent Orders vs. Binding Financial Agreements

If you are looking to finalise property or parenting arrangements after separation, you may come across two commonly used pathways: Application for Consent Orders and Binding Financial Agreements. Understanding the differences between these options can help you choose what’s right for your situation.What Are Consent Orders?Consent Orders are agreements about property, parenting, or both, that are filed with the Family Court for approval. The Court will only approve orders that are fair, just, ...

Purchasing Property At Auction

Purchasing a property at auction can be both exciting and stressful. Once the hammer goes down at auction, the contracts are immediately binding on all parties. There are several steps and procedures involved to ensure that you are organised, you have completed your due diligence and you are ready to purchase.  These important steps should be completed prior to attending an auction.1.      Have a licensed conveyancer or solicitor review the contract It is essential ...

Surrogacy in Australia - A Simple Guide

Surrogacy can provide people who are unable to give birth with an opportunity to have a child. However, surrogacy can involve important medical, emotional, financial and legal issues.The rules about surrogacy are different across Australia. If you are thinking about surrogacy, it is important to understand the basic rules and get professional advice before making any arrangements.What is surrogacy?Surrogacy is an arrangement where a woman (the surrogate) becomes pregnant and gives birth to a chi...

Monthly Insights - August 2026

Our Monthly Update: New Faces and a Special MilestoneThis month brings some lovely news to share. We have a new lawyer join our team, a big birthday for the firm, and some extra training happening behind the scenes. Here is what has been going on at Harriss Jones Lawyers.A warm welcome to Khajinder KaurWe are delighted to welcome Khajinder Kaur to Harriss Jones Lawyers. Khajinder is our dedicated family law solicitor, and she is here to support you through separation, parenting arrangements, pro...

Collaborative Practice in Family Law: How Does it Work?

Separation doesn’t have to mean conflict and drawn-out court battles. Family Law Collaborative Practice offers a supportive and solutions-focused way for families to move forward during separation or divorce.In Collaborative Practice, both parties commit to resolving issues outside of court. Meetings happen in a respectful, open setting, where everyone is supported by their own lawyer. This process encourages cooperation and honest communication, helping reduce misunderstandings and mistrust. ...

Helping Your Children Understand Separation

Separation can be confusing for children, especially when they have questions about where they will live, when they will see each parent, or what the future will look like.You may feel lost for words when trying to explain what parenting orders mean or how future arrangements will affect your children.The Federal Circuit and Family Court of Australia has created Kids’ Corner, a child-friendly resource to help children understand separation, family changes and the court process.Have a look at K...

Understanding the Courts: the Federal Circuit and Family Court of Australia

BackgroundThe Federal Circuit and Family Court of Australia (FCFCOA) was previously two separate courts. In 2021, the Federal Circuit Court and the Family Court merged to create the current system. This merger aimed to address concerns with the previous systems, including delays, backlogs, and confusion.How the Court works nowThe merger of these Courts has created a single, more accessible entry point for most family law matters.There are two divisions to the FCFCOA:Division 1: deals with comple...

Strata By-Laws and Renovations

If you’re buying into your first apartment building and you are not already familiar with it, you will no doubt encounter the Strata By-Laws. If you’ve rented in an apartment, you may also have seen these before and not really paid much attention to them unless you needed a new key or swipe card and had to speak with the Strata Manager.What is Strata?When you have a standalone property, you will incur rates and charges for your land and the services that council provide such as garbage colle...

Understanding the Family Court's Approach in Complex Parenting Cases

What This Case Is AboutThis recent Federal Circuit and Family Court decision highlights how Australian courts approach parenting arrangements when there are significant safety concerns. The case involved a young child, X (aged 5), where both parents had mental health diagnoses and there were serious allegations of family violence, substance abuse, and criminal behaviour.The Court's DecisionThe Court made several key orders:Sole parental responsibility was given to the mother for all major d...

Family Loans: When Lending to Relatives

If you are considering lending money to a family member—whether to help with a property purchase, a business venture, or simply to bridge a financial gap—the recent New South Wales Supreme Court decision in Li v Wang (No 4) [2026] NSWSC 668 is essential reading.This case involved a 71-year-old woman who lent money to her brother-in-law, sister-in-law, and niece to help them buy a property in Wolli Creek, Sydney. What followed was a bitter legal dispute that ran for five years,...

Loan Contract Error Lands Business in Court

A recent decision in the NSW Supreme Court serves as a powerful reminder for businesses and lenders alike: strict compliance with the Corporations Act when executing loan documents is not optional. In Parramatta Co-Operative Housing Society v Yabbyland Pty Ltd [2026] NSWSC 656, a lender advanced $430,000 secured by a registered mortgage, only to have the loan agreement declared unenforceable because it was signed by only one director. While the lender ultimately recovered the...

Trust: An Oral Promise of Property Broken

Neil Whittorn (the deceased) purchased an apartment in Tweed Heads using his own money – around $605,000 from an inheritance. He put the apartment in joint names with his partner, "Ped" (Supaporn Siu), even though she didn't contribute any money toward the purchase.Before and during the purchase, Neil and Ped had an agreement: Ped could live in the apartment for the rest of her life, but when she died, the apartment would go to Neil's two sons (Timothy and Christopher). Ped agreed to leave the...

Can an Aged Care Home Apply to Control a Resident’s Finances?

When unpaid fees pile up and a resident with dementia can’t manage their money, can the aged care facility itself step in and ask the Tribunal for a financial management order?A recent decision from the NSW Civil and Administrative Tribunal (NCAT) says yes – but only if the facility’s primary motivation is the resident’s welfare, not just getting paid.Let’s break down the case of Fiona (a pseudonym) [2026] NSWCATGD 1.The situationFiona is an 82-year-old woman with dement...

Sibling Rivalry and a $1.1 Million Lesson

When a parent passes away, the grief can sometimes bring out the worst in family relationships. A recent New South Wales Supreme Court case involving two brothers, Lynn and Graeme, is a powerful example of how a mother’s attempt to be "fair" backfired spectacularly, costing the estate hundreds of thousands of dollars in legal fees.If you have a blended family, adult children, or concerns about how a beneficiary manages money, this case offers crucial lessons.The StoryAn elderly mother, Valda, ...