http://www.hjlaw.com.au/blog/ The latest Blog feeds from www.hjlaw.com.au en-us Fri, 09 Oct 2026 02:43:25 +1100 Rocketspark http://www.hjlaw.com.au/blog/post/13259/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,... Mon, 05 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13259 http://www.hjlaw.com.au/blog/post/13375/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... Mon, 05 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13375 http://www.hjlaw.com.au/blog/post/13376/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... Mon, 05 Oct 2026 09:00:00 +1100 http://www.hjlaw.com.au/blog/#post13376 http://www.hjlaw.com.au/blog/post/13359/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... Mon, 28 Sep 2026 09:00:00 +1000 http://www.hjlaw.com.au/blog/#post13359 http://www.hjlaw.com.au/blog/post/13263/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 ... Mon, 28 Sep 2026 09:00:00 +1000 http://www.hjlaw.com.au/blog/#post13263 http://www.hjlaw.com.au/blog/post/13256/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... Mon, 28 Sep 2026 09:00:00 +1000 http://www.hjlaw.com.au/blog/#post13256 http://www.hjlaw.com.au/blog/post/13355/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... Fri, 18 Sep 2026 16:38:13 +1000 http://www.hjlaw.com.au/blog/#post13355 http://www.hjlaw.com.au/blog/post/13325/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... Wed, 09 Sep 2026 00:00:00 +1000 http://www.hjlaw.com.au/blog/#post13325 http://www.hjlaw.com.au/blog/post/13255/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 ... Mon, 07 Sep 2026 09:00:00 +1000 http://www.hjlaw.com.au/blog/#post13255 http://www.hjlaw.com.au/blog/post/13312/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... Mon, 07 Sep 2026 09:00:00 +1000 http://www.hjlaw.com.au/blog/#post13312