Szabo & Associates News & Updates

After 18 months of work, the Australian Law Reform Commission has recently reported on its recommendations to amend the family law system. The report Family Law for the Future has 60 recommendations in all.

Recently ABC News (24.12.18) reported that the northern NSW council of Clarence Valley had been fined for harming an ancient Aboriginal “scar” tree that was important to Aboriginal culture. The scarred red/black bean tree had been registered as a culturally modified tree in 1995 on the Aboriginal Site Register. This meant that it was an offence to harm or desecrate the tree.

In the recent case of Kegran Pty Ltd v Warrik Pty Ltd (2018) NSWSC 1357, the Supreme Court had to determine whether there had been a valid exercise of an option to renew a commercial lease even though the method used did not appear to meet the conditions set out in the contract. The lessor had challenged the exercise of an option on the basis that the notice had not been properly served.

As recently discussed, disputes over the family pet in a separation appear to be becoming more frequent. Even in the most amicable of divorces, some things cannot be split down the middle!  Can the uncertainty be prevented?

Background

In parenting matters, supervised time with a parent is a common order made by the Family Court where it is considered there is a risk of harm and a need to protect a child. The recent case of Elias & Elias (2019) FamCAFC 53 required the Full Family Court, on appeal, to consider the issue of supervised contact and the grounds for it.