Insights

Are you married or living in a de facto relationship? You may have already thought about how your assets might be divided in the event of a separation, but did you know that you could also be responsible for financially supporting your spouse or de facto (including same sex) partner... Read More

Professor Mark Fitzgerald, director of the Trauma Service at The Alfred, recently presented to the Lander & Rogers’ Health Law team and its clients about developments in trauma and emergency medicine, specifically around risk minimisation. According to Professor Fitzgerald, errors are very common in health care, although most of the time... Read More

Australian superannuation laws apply to both married and de facto couples, including same sex couples. Superannuation is treated just like any other asset in a marriage or de facto relationship. When a couple separates, superannuation can be divided up and shared between the separating parties. Read More

Married couples can apply for a divorce in Australia if the marriage has broken down irretrievably. Couples must have been separated for at least 12 months and one of the parties: must regard Australia as their home and intend to live in Australia indefinitely; or be an Australian citizen by birth, descent... Read More

When a relationship breaks down it can sometimes be difficult for grandparents or other relatives to maintain contact with the couple’s children. This can be particularly concerning for grandparents who may have previously played a significant role in the children’s lives. Read More

In the eyes of the law, a de facto relationship has many of the characteristics of a marriage and a person may be ordered by a court to provide ongoing financial support, or “maintenance”, to his or her spouse regardless of whether the couple was married or lived together in... Read More

The law is catching up with social change by recognising same-sex couples’ desire to become parents. The Victorian Assisted Reproductive Treatment Act 2008 came into effect in January 2010. It made assisted reproductive treatment, including altruistic (unpaid) surrogacy arrangements, available to same-sex couples for the first time. Couples should be... Read More

Advances in assisted reproduction technology have meant that the law has had to reconsider definitions and presumptions about who a child’s parents are for legal purposes. The rights of lesbian parents are protected by law, however, it is very important that gay male couples or other couples whose child was born... Read More