610 Glenferrie Road, Hawthorn VIC 3122, Australia

News

Recent news of Clancy & Triado, family law case studies and the Australian Family Law Courts.

We pride ourselves on operating with the highest levels of discretion in all of our matters and always aim to be one of Melbourne’s leading family law firms.

News

Breakdown of a De Facto Relationship

Wednesday 1st June 2022

Relationships in the modern world Fairbairn v Radecki (2022) FLC 94-083; [2022] HCA 18. In this recent High Court decision, the Trustee and Guardian for the de facto wife sought special leave to appeal against orders made by the Full Court of the Family Court of Australia.

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Breakdown of a De Facto Relationship

Wednesday 1st June 2022

Relationships in the modern world Fairbairn v Radecki (2022) FLC 94-083; [2022] HCA 18. In this recent High Court decision, the Trustee and Guardian for the de facto wife sought special leave to appeal against orders made by the Full Court of the Family Court of Australia.

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Case Law on Vaccinations in Family Law

Friday 27th May 2022

As our society slowly eases back into some form of normality, while still in the midst of the COVID 19 pandemic, the issue of vaccinations is one that many people grapple with.

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Case Law on Vaccinations in Family Law

Friday 27th May 2022

As our society slowly eases back into some form of normality, while still in the midst of the COVID 19 pandemic, the issue of vaccinations is one that many people grapple with.

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Rachel Peattie promotion

Congratulations to Rachel Peattie who has been promoted to Associate Director of the firm
Wednesday 2nd March 2022

Congratulations to Rachel Peattie who has been promoted to Associate Director of the firm

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Rachel Peattie promotion

Congratulations to Rachel Peattie who has been promoted to Associate Director of the firm
Wednesday 2nd March 2022

Congratulations to Rachel Peattie who has been promoted to Associate Director of the firm

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Two of our lawyers are presenting at family law conferences in March 2022

Wednesday 23rd February 2022

Clancy & Triado lawyers, Jacob Clancy and Nicky Neville-Jones, are speaking at upcoming family law conferences in Melbourne.

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Two of our lawyers are presenting at family law conferences in March 2022

Wednesday 23rd February 2022

Clancy & Triado lawyers, Jacob Clancy and Nicky Neville-Jones, are speaking at upcoming family law conferences in Melbourne.

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Property Order or Maintenance, a fine distinction

Thorpe & Stirling (2021) FLC 94-066; [2021] FedCFamC1A 86
Monday 14th February 2022

This Full Court judgement concerns a husband’s appeal against enforcement orders.

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Property Order or Maintenance, a fine distinction

Thorpe & Stirling (2021) FLC 94-066; [2021] FedCFamC1A 86
Monday 14th February 2022

This Full Court judgement concerns a husband’s appeal against enforcement orders.

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Clancy & Triado Wins Relocation Case

Tuesday 15th June 2021

This matter concerned an application from the Mother to relocate her two children to the country, 2 hours outside of Melbourne. The relocation would drastically minimise the role the Father would play in the lives of his children.

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Clancy & Triado Wins Relocation Case

Tuesday 15th June 2021

This matter concerned an application from the Mother to relocate her two children to the country, 2 hours outside of Melbourne. The relocation would drastically minimise the role the Father would play in the lives of his children.

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Child to live with father despite 'radical change' in care arrangements

Abadi & Sokulsky (No. 2) [2021] FamCA 218 (20 April 2021)
Monday 31st May 2021

This judgement concerned a father’s application to the Court for his eleven year old child to live with him. The child had lived with the mother her entire life and had only spent supervised time with her father, which the mother had delayed and obstructed. At the time of trial, the child had not had any contact with the father for 3 years.

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Child to live with father despite 'radical change' in care arrangements

Abadi & Sokulsky (No. 2) [2021] FamCA 218 (20 April 2021)
Monday 31st May 2021

This judgement concerned a father’s application to the Court for his eleven year old child to live with him. The child had lived with the mother her entire life and had only spent supervised time with her father, which the mother had delayed and obstructed. At the time of trial, the child had not had any contact with the father for 3 years.

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Financial Settlement 10 Years After Divorce - Too Late?

Lambertson [2021] FamCAFC 48 (12 April 2021)
Monday 31st May 2021

In this recent Full Court Decision, the husband appealed against Orders that allowed the wife to make an application for financial settlement, despite it being 10 years after their divorce – and, therefore, out of time.

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Financial Settlement 10 Years After Divorce - Too Late?

Lambertson [2021] FamCAFC 48 (12 April 2021)
Monday 31st May 2021

In this recent Full Court Decision, the husband appealed against Orders that allowed the wife to make an application for financial settlement, despite it being 10 years after their divorce – and, therefore, out of time.

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LIV family law section chair Nicky Neville-Jones welcomed the steps taken by the courts to further improve its ability to resolve family disputes.

Thursday 29th April 2021

New training programs designed to improve court responses to family violence have been welcomed by Victoria’s premier legal body.

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LIV family law section chair Nicky Neville-Jones welcomed the steps taken by the courts to further improve its ability to resolve family disputes.

Thursday 29th April 2021

New training programs designed to improve court responses to family violence have been welcomed by Victoria’s premier legal body.

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LIV Family Law Intensive 2021 presentation by Rachel Peattie

Friday 16th April 2021

Rachel Peattie gave a presentation on Child Support Agreements in the Era of COVID 19 at a recent Law Institute of Victoria conference called “the LIV Family Law Intensive 2021”.

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LIV Family Law Intensive 2021 presentation by Rachel Peattie

Friday 16th April 2021

Rachel Peattie gave a presentation on Child Support Agreements in the Era of COVID 19 at a recent Law Institute of Victoria conference called “the LIV Family Law Intensive 2021”.

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Does COVID-19 affect my Child Support Agreement?

Martyn & Martyn [2020] FamCA 526
Monday 12th April 2021

As we know, binding child support agreements give parties the opportunity to enter into a written agreement about how they will each financially support their children going forward.

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Does COVID-19 affect my Child Support Agreement?

Martyn & Martyn [2020] FamCA 526
Monday 12th April 2021

As we know, binding child support agreements give parties the opportunity to enter into a written agreement about how they will each financially support their children going forward.

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"Special Disadvantage" results in Financial Agreement being set aside

Beroni & Corelli [2021] FamCAFC 9
Tuesday 6th April 2021

The Wife was not proficient in English at the time the Financial Agreement was drafted, despite this the Financial Agreement was written in English. The Wife only discussed the agreement with her solicitor for 30 minutes. The agreement was signed in 2011.

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"Special Disadvantage" results in Financial Agreement being set aside

Beroni & Corelli [2021] FamCAFC 9
Tuesday 6th April 2021

The Wife was not proficient in English at the time the Financial Agreement was drafted, despite this the Financial Agreement was written in English. The Wife only discussed the agreement with her solicitor for 30 minutes. The agreement was signed in 2011.

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Can a contravention of Orders be excused by the Covid 19 health concerns of one party?

Kardos v Harmon [2020]
Friday 19th March 2021

This judgment concerned a Father’s contravention application in relation to a parenting order made in 2018, providing for a 3 year old to spend 4 days per month with the Father.

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Can a contravention of Orders be excused by the Covid 19 health concerns of one party?

Kardos v Harmon [2020]
Friday 19th March 2021

This judgment concerned a Father’s contravention application in relation to a parenting order made in 2018, providing for a 3 year old to spend 4 days per month with the Father.

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Mother seeks order to allow child to remain in Scotland until safe to return to Australia.

Boyd v Sage [2020]
Thursday 11th March 2021

In this Family Court Judgment, the Judge considered the Mother's Initiating Application seeking urgent interim parenting Orders to be obtained ex parte the Father.

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Mother seeks order to allow child to remain in Scotland until safe to return to Australia.

Boyd v Sage [2020]
Thursday 11th March 2021

In this Family Court Judgment, the Judge considered the Mother's Initiating Application seeking urgent interim parenting Orders to be obtained ex parte the Father.

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Complex Issues in Family Law Property Matters

Thursday 4th March 2021

The conference was based on video webinar technology: with a chairperson (our very own Kimberly Hunter), presentations and an opportunity to ask questions.

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Complex Issues in Family Law Property Matters

Thursday 4th March 2021

The conference was based on video webinar technology: with a chairperson (our very own Kimberly Hunter), presentations and an opportunity to ask questions.

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Appeal dismissed with costs. Why you need to understand the nuance of the holistic assessment of contributions.

Horrigan v Horrigan [2020]
Thursday 11th February 2021

The trial judge ordered that the parties’ property be divided 78/22% in favour of the Husband.

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Appeal dismissed with costs. Why you need to understand the nuance of the holistic assessment of contributions.

Horrigan v Horrigan [2020]
Thursday 11th February 2021

The trial judge ordered that the parties’ property be divided 78/22% in favour of the Husband.

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2021 Doyle's Guide Awards

Tuesday 15th December 2020

We are delighted to announce that Clancy & Triado has again been recognised as a Leading Family and Divorce Law Firm by Doyle’s Guide to the Australian Legal Profession.

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2021 Doyle's Guide Awards

Tuesday 15th December 2020

We are delighted to announce that Clancy & Triado has again been recognised as a Leading Family and Divorce Law Firm by Doyle’s Guide to the Australian Legal Profession.

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Judgement error and quantifying specific assets in a global assessment of contributions

Barnell & Barnell [2020] FamCAFC 102
Thursday 19th November 2020

In this Full Court decision, the Wife was appealing against a decision of a Judge in the Family Court of Western Australia, who had made orders providing for a 25% adjustment to the Husband, based on his contribution of a property.

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Judgement error and quantifying specific assets in a global assessment of contributions

Barnell & Barnell [2020] FamCAFC 102
Thursday 19th November 2020

In this Full Court decision, the Wife was appealing against a decision of a Judge in the Family Court of Western Australia, who had made orders providing for a 25% adjustment to the Husband, based on his contribution of a property.

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“Petty and Unwarranted" not all contraventions of Orders should be taken to court

Wednesday 15th July 2020

Breach of parenting orders found but no sanction imposed, and costs ordered against father as his application was "petty and unwarranted". A case update by Helen Mulvaney

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“Petty and Unwarranted" not all contraventions of Orders should be taken to court

Wednesday 15th July 2020

Breach of parenting orders found but no sanction imposed, and costs ordered against father as his application was "petty and unwarranted". A case update by Helen Mulvaney

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Melanie Wilson promotion

Clancy & Triado are delighted to announce the promotion of Melanie Wilson as a Director of the firm.
Wednesday 1st July 2020

Clancy & Triado are delighted to announce the promotion of Melanie Wilson as a Director of the firm.

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Melanie Wilson promotion

Clancy & Triado are delighted to announce the promotion of Melanie Wilson as a Director of the firm.
Wednesday 1st July 2020

Clancy & Triado are delighted to announce the promotion of Melanie Wilson as a Director of the firm.

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Gifts from parents. Is direct evidence required or can parental intention be inferred?

Friday 26th June 2020

The Full Court finds parties contributions equal in circumstances where husband's parent's transferred the parties a 60 acre property. A case summary by Helen Mulvaney

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Gifts from parents. Is direct evidence required or can parental intention be inferred?

Friday 26th June 2020

The Full Court finds parties contributions equal in circumstances where husband's parent's transferred the parties a 60 acre property. A case summary by Helen Mulvaney

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Application for spousal maintenance made 20 years after final property settlement. Why the distinction between periodic and lump sum maintenance matters

Wednesday 27th May 2020

The Federal Circuit Court case of Blevins has struck fear in the hearts of many, and highlights a party’s ability to bring an application for spousal maintenance well after separation. In Blevins, the application was made 23 years after the parties separated and 20 years after they had a final property settlement.

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Application for spousal maintenance made 20 years after final property settlement. Why the distinction between periodic and lump sum maintenance matters

Wednesday 27th May 2020

The Federal Circuit Court case of Blevins has struck fear in the hearts of many, and highlights a party’s ability to bring an application for spousal maintenance well after separation. In Blevins, the application was made 23 years after the parties separated and 20 years after they had a final property settlement.

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Should a mother and two young children be returned to New Zealand when the mother says there are grave concerns of abuse and violence?

Friday 1st May 2020

Walpole & Secretary, Department of Communities and Justice [2020] was heard in the Family Court of Australia in Sydney. The case dealt with the mother’s appeal of an order compelling her to return the children of the relationship to New Zealand.

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Should a mother and two young children be returned to New Zealand when the mother says there are grave concerns of abuse and violence?

Friday 1st May 2020

Walpole & Secretary, Department of Communities and Justice [2020] was heard in the Family Court of Australia in Sydney. The case dealt with the mother’s appeal of an order compelling her to return the children of the relationship to New Zealand.

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Parenting Orders and COVID-19

Wednesday 8th April 2020

The Family Court of Australia and the Federal Circuit Court of Australia have issued some guidelines for families who have Parenting Orders in place.

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Parenting Orders and COVID-19

Wednesday 8th April 2020

The Family Court of Australia and the Federal Circuit Court of Australia have issued some guidelines for families who have Parenting Orders in place.

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Clancy & Triado is open and continuing our services during the COVID-19 pandemic

Monday 23rd March 2020

At Clancy & Triado, we are continuing to provide legal advice and service to our clients through these unprecedented times.

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Clancy & Triado is open and continuing our services during the COVID-19 pandemic

Monday 23rd March 2020

At Clancy & Triado, we are continuing to provide legal advice and service to our clients through these unprecedented times.

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Our managing director, Paul Staindl, is chairing an online conference on 4 March 2020 regarding the difficult aspects of parenting cases

Monday 17th February 2020

The Ugly Side of Parenting Matters - a live half-day online conference chaired by Paul Staindl.

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Our managing director, Paul Staindl, is chairing an online conference on 4 March 2020 regarding the difficult aspects of parenting cases

Monday 17th February 2020

The Ugly Side of Parenting Matters - a live half-day online conference chaired by Paul Staindl.

Read More

Should the typical sale of business assets prior to separation be required to be “added back” to the asset pool at settlement?

Cabadas [2019]
Thursday 16th January 2020

The case of Cabadas [2019] was an appeal heard in the Family Court of Australia. The court held that the appellant husband, who used the livestock as part of his stock-in-trade in the regular maintenance of the business, was not required to add its value back to the asset pool.

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Should the typical sale of business assets prior to separation be required to be “added back” to the asset pool at settlement?

Cabadas [2019]
Thursday 16th January 2020

The case of Cabadas [2019] was an appeal heard in the Family Court of Australia. The court held that the appellant husband, who used the livestock as part of his stock-in-trade in the regular maintenance of the business, was not required to add its value back to the asset pool.

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2020 Doyle's Guide Awards

Friday 6th December 2019

We are delighted to announce that Clancy & Triado has again been recognised as a Leading Family and Divorce Law Firm by Doyle’s Guide to the Australian Legal Profession.

Read More

2020 Doyle's Guide Awards

Friday 6th December 2019

We are delighted to announce that Clancy & Triado has again been recognised as a Leading Family and Divorce Law Firm by Doyle’s Guide to the Australian Legal Profession.

Read More

A property rezoned during a long marriage - what did the Full Court say about contributions in Jabour [2019]?

Friday 15th November 2019

Jabour was an appeal from property settlement orders made in the Federal Circuit Court of Australia, the effect of which was to divide the net asset pool of the parties worth $9,033,912 (34% to the wife and 66% to the husband).

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A property rezoned during a long marriage - what did the Full Court say about contributions in Jabour [2019]?

Friday 15th November 2019

Jabour was an appeal from property settlement orders made in the Federal Circuit Court of Australia, the effect of which was to divide the net asset pool of the parties worth $9,033,912 (34% to the wife and 66% to the husband).

Read More

Complex Issues in Family Law Property Matters - a half-day online conference

Tuesday 20th August 2019

Kimberly Hunter, Director and Accredited Family Law Specialist, is the chair for this event run by Television Education Network.

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Complex Issues in Family Law Property Matters - a half-day online conference

Tuesday 20th August 2019

Kimberly Hunter, Director and Accredited Family Law Specialist, is the chair for this event run by Television Education Network.

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We view Court as the last resort, not a first resort.

We succeed in resolving approximately 95% of our cases before court proceedings are issued, saving our clients unnecessary stress, cost and time.

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