June 2016

01 Jun

Posted at 00:00h in Family Law

Written by  Erica Panagakos, Associate erica@bc-lawyers.com.au After years of ‘online dating’ being popular, ‘online separating’ is the way of the future – the Family and Federal Circuit Courts of Australia are making a shift to electronic filing of Applications for Divorce through the Commonwealth Courts Portal, the Courts’ electronic database. Parties can now complete an Application for Divorce through the Portal by using an interactive form to guide them through the process, step-by-step. Whilst parties will no longer be able to download the ‘Application for Divorce Kit’ from the Courts’ websites, the Courts’ web pages have been updated to include new guides to assist parties navigating their way through the electronic filing process. The shift to ‘eDivorce’ will alleviate the need for parties to attend at the Court Registry and should make the filing process more convenient for self-represented litigants. The filing fee associated with filing an Application for Divorce can also be paid online. Once an Application for Divorce is filed, divorcing parties will be able to access filed documents online, at any time, via the Portal and the Court will be able to notify the parties by email if there is any activity on their file. The ‘eDivorce’ process also enables parties to have...

01 Jun

Posted at 00:00h in General

Written by Eugene Reinboth  The Press has recently referred to yet another well-known Australian who has had family members make a claim on his estate. Richie Benaud’s estate had claims made by his former wife Marcia and his eldest son Gregory. It is reported that Mr Benaud married Marcia in 1953 and divorced her in 1967 (almost 50 years ago). He married Daphne that year. Mr Benaud died in April 2015 and was survived by Daphne, Marcia, Gregory and another son Jeffery. The litigation settled very recently in the New South Wales Supreme Court with Marcia apparently indicating that she was “very happy, thank you, dear”. Gregory is also reported as being pleased with the result. Justice Hallen praised the parties for reaching an agreement. There is similar legislation in all States as that which permitted the claim to be made in New South Wales. Here in South Australia, a spouse, former spouse, children, and grandchildren, amongst others, can all make claims. Persons making their wills and potential claimants will, therefore, benefit from discussing these issues with lawyers practising in the area, such as our team of Charlie Belperio, Eugene Reinboth and Roy Hasda who can be contacted on (08) 8212 1322....

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