With restrictions on physical interaction during the COVID-19 pandemic, the State Government has implemented the Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020 (COVID Regulation). The COVID Regulation which was put into action on 25 March 2020 requires the holding of public meetings and public hearings by planning bodies to be held through […]
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The Environmental Planning and Assessment Regulations 2000 (NSW)(EP&A Reg) has been delayed in its repeal and replacement on 1 March 2021, pushing the date back a year to the 1 March 2022. This delay allows appropriate consultation time for further reviewing of the provisions and preparing a replacement regulation once the pandemic has subsided. The […]
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If you’re having an affair, something that you may want to consider is whether the person you are having an affair with can claim your property after the relationship breaks down. Firstly, your family law lawyers will need to consider whether your affair amounts to a de facto relationship. Considerations include the duration of the […]
The post Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This 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. As discussed in previous blogs in this series, both directors and external advisers have a duty to prevent creditor-defeating dispositions. Not only are they potentially liable for compensation, additionally they are liable for fines as […]

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On 20 May 2020, the Federal Court handed down its long-awaited decision in the matter of WorkPac Pty Ltd v Rossato. In doing so, the Court re-affirmed the conclusions reached in its 2018 decision of WorkPac Pty Ltd v Skene, and further undermined long-standing business assumptions relating to the engagement of casual employees using flat […]
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By Darrin Mitchell, Senior Associate at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group The idea of bankruptcy began in England in the early sixteenth century when merchants and traders conducted business on credit.  A bankrupt person could face imprisonment until released by the Lord Chancellor after disclosure of all debts and various […]
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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 […]
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A Binding Financial Agreement (BFA) allows couples to negotiate a property settlement agreement that suits their needs. Unless successfully challenged, it will  prevent the Family Court from dealing with your future property or spousal maintenance claims. Binding Financial Agreements can be made: Before a marriage under a s 90B Agreement, also known as a “pre-nuptial […]
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Will LawyerBinding Death Nominations (I heard it on the radio) Binding Death Nominations need to be completed carefully if they are to be effective. It is also important to consider who is being nominated as a beneficiary – otherwise there can be unwelcome tax consequences. A recent superannuation case decided Binding Death Nominations cannot be […]

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On 1 May 2020, the Family Court handed down the decision of Barnell & Barnell. This matter involved a wife’s separation lawyer seeking to appeal a final judgment based on the Court’s treatment of the husband’s initial contributions. The husband purchased Property B in 1988 prior to the commencement of the relationship in 1995. While […]
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Chloe Elkerton, one of our divorce lawyers answers some frequently asked questions on how our family law team and the Family Court is responding to Covid. Are you still seeing clients? Yes, we are still seeing clients! Although our team is working from home at the moment, we have quickly adapted to the changes and […]
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By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. As discussed in previous blogs in this series, both directors and external advisers have a duty to prevent creditor-defeating dispositions. Not only are they potentially liable for compensation, additionally they are liable for fines as […]
The post Criminal and civil penalties for creditor-defeating dispositions: Illegal Phoenixing Amendments 2020 #5 appeared first on Matthews Folbigg Lawyers.

If either you or your partner’s family law lawyers have made a parenting application to the Family Court, there is a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility. That is, both parents should have a role in making long-term decisions about a […]
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 Click here to download our Plain English Guide to Divorce When Can You Get a Divorce You can get a divorce if your marriage has broken down beyond repair. Generally, you must have been separated for at least 12 months. You do not have to be living in different houses to be considered separated. If […]
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An expected or future inheritance is an inheritance that one party is expecting to receive once the testator passes away. Will the Family Court take into consideration a future or expected inheritance in your divorce settlement? If you or your ex-spouse are anticipating an inheritance, say from an elderly parent, you may want to get […]
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A Will Lawyer’s Advice relating to Capacity to make a Will Can a person without capacity have a will made for them? If a person does not have testamentary capacity, that is the mental ability and understanding to make a will, the Court has the power to make a Will for that person. What if […]
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By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. At a high level the process for applying to make someone bankrupt may appear simple and straightforward. But, as the old adage goes, the devil is in the detail. At a granular level, the rules […]
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By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. In these difficult times, recent legislative amendments provide assistance for debtors, but risk for creditors. Going forward, it will be important for creditors to carefully monitor their credit policies. Creditors are likely see more spikes […]
The post COVID-19 and Corporate Insolvency: What does an increase in corporate insolvency mean to creditors? appeared first on Matthews Folbigg Lawyers.

We are in an unprecedented times; however, steps are being taken by the Government departments, such as IP Australia, to provide relief to their customers and relieve some of the burden and/or financial strain on applicants. IP Australia, as of 22 April 2020, will be providing relief to applicants by granting free extensions of time, […]
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By Andrew Hack, Solicitor, and Stephen Mullette, Principal, of Matthews Folbigg Lawyers, in our Insolvency, Restructuring and Debt Recovery Group. In our last blog we discussed some of the implications of the new legislation designed to prevent ‘creditor-defeating dispositions’. In addition to it being it being a voidable transaction, the new legislation puts a duty […]
The post Third Party Facilitators and Pre-Insolvency Advisers: Illegal Phoenixing Amendments 2020 #4 appeared first on Matthews Folbigg Lawyers.