Separating from a former spouse is a difficult situation and is emotionally draining. Unfortunately, the effects of separation also affect your children. Questions begin to rise, such as ‘who is to have custody of our children’ ‘or how will child custody work’. The phrase ‘child custody’ is often used by parents in discussions as to […]
The post What is ‘child custody’ and its influence on Australian Family Law appeared first on Matthews Folbigg Lawyers.

By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. Countries around the world have commenced their vaccine programs, with Australia’s vaccine is expected to commence imminently once the TGA completes its approval process. As to the economic impacts of COVID-19, the Australian Government has […]
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Under the Family Law Act, parents are required to make a genuine effort to resolve any parenting disputes in relation to their child or children through family law mediation before they are eligible to commence Court proceedings. How to obtain a Section 60I Certificate? To obtain a Section 60I Certificate, a parent is required to […]
The post Section 60I Certificates: What is it and can it be bypassed? appeared first on Matthews Folbigg Lawyers.

If you are in an intimate relationship with another person, something that you may want to consider is whether the nature of the relationship with that person could result in a possible claim for  property settlement if that relationship were to break down. Firstly, your family law lawyers will need to consider whether your relationship amounts […]
The post Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This appeared first on Matthews Folbigg Lawyers.

A common question asked of family law lawyers is: “do I have to continue complying with parenting Orders during the pandemic?” There are very limited circumstances in which the Court will permit parents to fail to comply with Orders of the Court. Parents will need to establish that there is a reasonable excuse for not […]
The post Is COVID-19 a reasonable excuse to withhold a child from a parent? A Family Law Lawyers Answer appeared first on Matthews Folbigg Lawyers.

The prevalence of Covid-19, the coronavirus, has catapulted the Family Courts into rapid digital transformation. At first, the Courts began to switch from face-to-face court events to telephone conferences on a dial in basis. By the beginning of April, the Courts began to conduct Hearings by Microsoft Teams, a program that allows video conferencing so […]
The post The Move to an Online Family Court: How Covid-19 has Influenced the Way Divorce Lawyers Represent their Clients appeared first on Matthews Folbigg Lawyers.

A divorce lawyer explains how the Family Court can impose restrictions on travel to ensure compliance with Family Court Orders. In accordance with section 114 of the Family Law Act, the Family Court has the power to restrain a person from leaving Australia pending compliance with Family Court Orders, including final orders. The Court will […]
The post Divorce Lawyer Explains section 114 Orders – Restraining Travel to Enforce Property Settlements appeared first on Matthews Folbigg Lawyers.

This is the third part in a blog series discussing the new debt restructuring regime, which commences on 1 January 2021. This blog discusses the the process of putting forward a restructuring plan to creditors. The regime will be implemented through substantial amendments to the Corporations Act 2001 (Cth) (“the Act”) and the Corporations Regulations 2001 (Cth) (“the Regulations“). Relevant links […]
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This is the second part in a blog series discussing the new debt restructuring regime, which commences on 1 January 2021. This blog discusses the effects on a company entering debt restructuring, and its creditors. The regime will be implemented through substantial amendments to the Corporations Act 2001 (Cth) (“the Act”) and the Corporations Regulations 2001 (Cth). Relevant links are: The […]
The post Debt Restructuring Part 2 – affects on a company under restructuring appeared first on Matthews Folbigg Lawyers.

This is the first part in a series of blogs discussing the new debt restructuring regime, which commences on 1 January 2021. The regime will be implemented through substantial amendments to the Corporations Act 2001 (Cth) (“the Act”) and the Corporations Regulations 2001 (Cth). Relevant links are: The Explanatory Memorandum Corporations Amendment (Corporate Insolvency Reforms) […]
The post Debt Restructuring Part 1 – Introduction, Eligibility & the Restructuring Practitioner appeared first on Matthews Folbigg Lawyers.

The temporary safe harbour protection from director liability for insolvent trading expires on 31 December 2020. However the Government has not corrected a critical timing issue which exists in the COVD-19 safe harbour legislation. This means directors must appoint an external administrator to their company on or before 31 December 2020, if they wish to take advantage of the COVID-19 […]
The post Don’t Go Chasing Waterfalls – COVID-19 Safe Harbour is (still) not Safe appeared first on Matthews Folbigg Lawyers.

By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. The Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 has been passed in the Senate as of yesterday. The legislation will take effect from 1 January 2021. The centrepiece of the legislation is the introduction of […]
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By Ellen Ferris, a Solicitor in Matthews Folbigg’s Insolvency, Restructuring and Debt Recovery Group. On 3 December 2020, the Exposure Draft of the Bankruptcy Regulations 2021 was released for consultation.  These regulations are an updated version of the Bankruptcy Regulations 1996, and the draft copy can be found here. The consultation period expires on 10 January […]
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The presumption of equal shared parental responsibility is a consideration of the Court when determining child custody applications. The “best interests of the child” is an enshrined consideration under Australian law and is the foremost consideration in child custody cases. As such, the Act set out under section 61DA (1) that it is ‘in the […]
The post The Presumption of Equal Shared Parental Responsibility – What this means and how it affects your child – Child Custody Lawyer advice appeared first on Matthews Folbigg Lawyers.

The law often deals with unforeseen events in the course of Court proceedings under the Family Law Act. If the other party in your proceedings dies before property proceedings are completed, then your family lawyer will inform you of Section 79(8) of the Family Law Act. The Court will look to this section if in […]
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The above case in the Land and Environment Court reminds us of the crucial role that investigators of a Public Authority, such as Council Officers, play in upholding the foundational principles and goals of the Environmental Planning and Assessment Act 1979. The carrying out of development without consent or not in accordance with the consent […]
The post Secretary, Department of Planning, Industry and Environment v Wollongong Recycling (NSW) Pty Ltd [2020] NSWLEC 125 appeared first on Matthews Folbigg Lawyers.

The recent decision of the Land and Environment Court in Bobolas v Waverly Council (No 2) [2020], the latest instalment of cases between Bobolas and Waverly Council (‘Council’), provides clarity as to the powers of entry possessed by councils onto residential land. This decision considered an application for judicial review challenging a section 22A order […]
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The entertainment and live music industry has undoubtedly taken the biggest hit by the coronavirus pandemic. To grapple with the economic fallout, the Federal Government announced a $250 million targeted package to help restart the creative, entertainment, arts and screen sectors. As event organisers slowly formulate management plans, local councils will undoubtedly play a significant […]
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The Court of Appeal recently considered and upheld a judicial review decision, Universal 1919 Pty Ltd v 122 Pitt Street Pty Ltd [2019] NSWLEC 117 (“Universal  1”). As a result, we now have a unanimous decision from the Court of Appeal of NSW that the statutory requirements found in Schedule 5 of the Environmental Planning […]
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By Darrin Mitchell, Senior Associate at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group Section 459R(1) of the Corporations Act 2001 (Cth) (“the Act”) requires that an application be filed to wind up a company, and for it to be determined within six months of filing. Should that six month period expire, the application can […]
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