Jacob Carswell-Doherty

Parental alienation is an increasingly contentious issue in Australian family law, particularly in high-conflict parenting disputes. It occurs when one parent manipulates a child to reject or fear the other parent without legitimate justification. The Family Law Act 1975 (Cth) does not specifically define parental alienation. Australian courts recognise it as a significant factor in …

Parental Alienation in Australian Family Law: Legal Challenges and Judicial Responses Read More »

In the City of Sydney, where there are more than two dogs for every child, it is not surprising that recent trends highlight an increasing acknowledgment of non-human family members in property settlement disputes. This raises the question: who keeps the family dog in property settlements? Views prior to the Family Law Amendment Act Previous …

“I’m taking the dog, dumbass!” How Courts Decide Who Keeps the Family Dog in Property Settlements Read More »

Dying without a will can leave loved ones facing uncertainty and stress. In NSW, the Succession Act 2006 (NSW) actively governs the distribution of a person’s estate when they pass away intestate. This article explores what happens in such cases, who inherits under intestacy laws, and why having a valid will is essential. The Role …

Dying Without a Will: What Happens in NSW? Read More »

The Family Law Amendment (Information Sharing) Act 2023 (“Act”) marks a pivotal development in Australian family law. By enhancing information sharing in family law proceedings, it addresses critical issues concerning the safety and wellbeing of children. The Act aims to improve collaboration between courts, child welfare agencies, and law enforcement. It facilitates a more integrated …

Enhancing Child Safety Under the Family Law Amendment (Information Sharing) Act 2023 Read More »

On 29 November 2024, the Australian Parliament passed the landmark Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024, introducing sweeping reforms that will significantly affect various sectors, including the legal profession. Specifically, these new AML obligations for lawyers will take effect from 31 March 2026. For lawyers, this legislation represents one of the most substantial …

New AML Obligations for Lawyers Read More »

With Bitcoin reaching new all-time highs in 2024, cryptocurrency regulation in Australia has become a critical concern for investors and businesses alike. As blockchain technology matures and institutional interest grows, understanding the regulatory landscape is essential for navigating the risks and opportunities in the Australian market. The Australian Securities and Investments Commission (ASIC) continues to …

Cryptocurrency Regulation Australia 2024 Read More »

Domestic violence is a significant issue in Australia, with legal protections in place to support victims. It involves a range of abusive behaviours used to control, intimidate, or harm a person in an intimate or familial relationship. Domestic violence can include physical, emotional, psychological, sexual, and financial abuse, each with devastating impacts on victims. At …

Domestic Violence and Legal Protections in Australia Read More »

What is a caveat?  The Real Property Act 1900 (NSW) regulates caveats in New South Wales, outlining the processes for their lodgement, management, and removal. A caveat is a statutory mechanism similar to an injunction. It restricts certain dealings with land. It provides notice of an individual’s or entity’s caveatable interest in land without needing …

What is a Caveatable Interest in Land Read More »

Establishing a testamentary trust offers significant advantages in estate planning. Testamentary trust setup benefits include enhanced asset protection, tax efficiency, and controlled asset distribution, making them a strategic choice for protecting beneficiaries and reducing family conflicts. Understanding these key aspects is crucial when deciding if a testamentary trust aligns with your long-term financial goals. A …

Key Benefits of Testamentary Trust Setup Read More »

On 18 October 2024, the South Australian Employment Tribunal delivered a judgment in Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91. This case has significant implications for remote work injury liability. Lauren Vercoe tripped over a pet fence she set up in her home while working remotely. She filed a workers’ compensation …

Remote Work Injury Liability: A New Legal Frontier Read More »