BALDWINS • FoodLegal

Australian Lawyers and Consultants

Family Court Powers Broadened

November-December 2004

On 17/12/2004, the Family Law Courts (Family Court and Federal Magistrate’s Court) will become empowered to make orders altering the property rights of third parties (Part VIIIAA Family Law Act). These rights are to be exercisable subject to the rules of natural justice.

This change may impact on estate planning and restrict the use of interposed persons as controllers or owners of property connected with a party to the marriage. Also, the changes may permit the Family Court to direct lenders and mortgagees to take steps that might favour one party of the marriage.

For further information, contact Sam Recht at BALDWINS, Australian Lawyers & Consultants.

Return to the Commercial Litigation Page or Wills and Estates Page.