By Chloe Howard of Matthews Folbigg Lawyers, a lawyer in our Insolvency, Restructuring and Debt Recovery Group A recent Supreme Court matter has determined that service of an application to set aside a statutory demand was validly served in time, even though the solicitor in question did not open the email serving the application until […]
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By Andrew Behman, an Associate of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group In a recent matter which we acted for the Defendant (In the matter of Precise Training Pty Ltd [2018] NSWSC 1383), we successfully defended an application to set aside a creditor’s statutory demand issued by the Chief Commissioner of State […]
The post Creditor’s statutory demand issued pending negotiations is upheld appeared first on Matthews Folbigg Lawyers.

In response to the Banking Royal Commission, Parliament passed amendments to the Corporations Act which came into effect on 13 March 2019. The effect of these changes is to significantly increase the maximum civil and criminal penalties which apply to breaches of the Corporations Act as follows: Civil Penalties Criminal Penalties Person The greater of: […]
The post Corporations Act – Tougher maximum penalties & the ‘why not litigate’ mantra of ASIC appeared first on Matthews Folbigg Lawyers.

2019 saw a continued trend of record-breaking fines imposed against companies for breaches of the Australian Consumer Law – for example: Cornerstone Investments Pty Ltd (trading as Empower Institute) was fined $26.5 million – then the highest ever aggregate penalty order imposed under the Australian Consumer Law for misleading or deceptive conduct and unconscionable conduct […]
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An important decision was handed down in 2019 by the New South Wales Supreme Court in Voller v Nationwide News Pty Ltd (and others) which is highly relevant to any business which uses social media to promote its activities. In essence: the matter concerned Dylan Voller, a young man who was featured in an ABC […]
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Does your business charge consumers a surcharge for processing credit and debit card payments? If so, changes to the Competition and Consumer Act in 2016 mean companies are prohibited from charging customers excessive payment surcharges if: it relates to a payment method covered by the Reserve Bank standard or regulations (this includes EFTPOS, Visa, MasterCard […]
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During 2019 we received many enquiries from small businesses looking to get out of contracts with “automatic rollover” provisions. An automatic rollover provision is a clause in a contract which provides that the contract will automatically renew for an additional term unless one of the parties opts out by giving notice to the other party […]
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By Darrin Mitchell, Senior Associate at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group An individual overwhelmed by debt (“the Debtor”) may seek the protection of the Bankruptcy Act 1966 (Cth) (“the Act”) and file a Debtor’s Petition. Section 55 of the Act provides that an individual may present to the Official Receiver […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. Superannuation falls within the scope of property under the Family Law Act. Upon the breakdown of a relationship, the superannuation splitting laws provide for the possibility for your superannuation to be divided between you and your ex partner as part of your property settlement with […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. If you have been married for less than two years and you decide to divorce, there are a few things for you to consider with a divorce lawyer. A divorce application is not to be filed within two years after the date of marriage without […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. Divorce Lawyer advice; Can I apply for a divorce? In Australia you can apply for a divorce with a divorce lawyer if either you or your spouse: Regard Australia as your home and intend to live in Australia indefinitely, or Are an Australian citizen by […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group In discussions around a property settlement agreement with a divorce lawyer, it is often thought that the focus is only on the financial contributions. In 1995 Justice Fogarty of the Family Court addressed the issue of contributions in divorce settlements by divorce lawyer in the […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. In the event of a divorce or separation, parties will need to arrange the division of assets and debts. There are a few different avenues that could be taken with a divorce lawyer to do this depending upon your unique situation. Such avenues may include: […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group. It is important to recognise that divorce and parenting arrangements are two separate matters. There is a requirement that individuals wait a year in order to divorce however this time restriction is not in place in relation to making parenting arrangements. Couples can be separated […]
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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group Our Family Law Group consists of 7 family law lawyers. We have 4 Accredited Specialists in the area. We have been recognised as one of the leaders in the Family Law market through Doyles rankings. We specialise in all aspects of family law such as […]
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In 2016, the Federal Circuit Court of Australia made Orders with the consent of both parents. In summary, they were that the child live with the mother and spend time with the father and the time with the father was to increase as the child increased in age. The parents lived, and continue to live […]
The post Unhappy with your current Parenting Arrangement? How to Change your Family Court Orders appeared first on Matthews Folbigg Lawyers.

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group Since his admission as a Solicitor in 2006, Andrew has practised exclusively in Family Law having represented married and de facto clients in property matters, parenting matters, spousal maintenance matters and child support matters. Andrew enjoys appearing at the Family Court of Australia and the […]
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When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the […]
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In an effort to save money on their property settlement, some couples have sought to DIY their prenup. But is it a good idea? The Family Law Act states that for a prenup to be valid and enforceable, one requirement is that both parties need to obtain independent legal advice. This legal advice has three […]
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Year end work functions provide employers and employees with the opportunity to reflect on the year that was and are a great way to reward staff for their efforts and enthusiasm.   However, the ‘silly season’ can often be a cause of headaches for employers as employees can be prone to engaging in inappropriate conduct which may […]
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