The threshold test in spousal maintenance

Recently I had cause to revisit the issue of the threshold issue in spousal maintenance. 

The matter was looked at by the Full Family Court in the case of McCrossen and McCrossen [2006] FamCA 868.

A wife who wanted to become a teacher failed in her bid for spousal maintenance because the court found she could support herself by using her existing skills.

The wife had been out of the workforce since 1996, but had last worked as a section head in the public service. The wife gave evidence that she wished to be retrained as a teacher rather than return to her former occupation. Expert evidence was given on behalf of the husband that she could get a job in the public service on a higher salary than she would receive after retraining as a teacher.

The Court held that the Family Law Act requires that a party establish that they are unable to support themself, not that they are unable to support themself in a particular endeavour as opposed to another which may be available to them. Accordingly the wife did not satisfy the threshold test for eligibility for spousal maintenance.

This case has very practical implications for a party seeking support from the other after separation.

The National Personal Properties Security Register

The Personal Properties Securities Act(PPSR) came into full effect on Friday 31 January 2014 after two years grace.

The new national register has replaced 24 state based registers.

The PPSR is now the single source of data nationally  for proof of ownership for any personal property, ranging from cars, to mortgages and equipment.

The register has created additional red tape for businesses.

According  to today's Financial Review from which this article is drawn, business groups and lawyers say  that in practice the legislation has introduced new definitions of ownership which have led to confusion.

While the idea of a single register seems to generally have been welcomed, the changes are apparently having an impact not readily understood.

Insolvency lawyer Morgan Kelly of Ferrier Hodgson is quoted as saying that he had dealt with several cases in the past two years where companies were unaware of the new laws and lost title to their equipment.

It would clearly be prudent for anyone who may be affected by the new laws to seek advice or try to acquire some knowledge of the new laws to protect their position.

Round the Table with Mike

Mediation Matters

Round the Table with Mike will be held again tomorrow 3 April 2013 at the Brisbane Mediations Dispute Resolution Centre, level 8, 225 Wickham Terrace Brisbane from 4pm to 6pm.

Round the Table with Mike provides an opportunity for individuals to meet and talk with a mediator about any aspect of mediation without any  charge or obligation.

Round the Table with Mike takes place on the first and third Wednesdays of each month.

The opportunity exists to meet with a mediator privately or as part of a group to learn more about the mediation process and the advantages of mediation.

More and more parties are learning about the benefits of mediation particularly in avoiding the cost and stress of litigation and the inevitable delays that are part of the court process.

Members of the public are encouraged to drop in anytime between 4pm and 6pm on Wednesday to chat informally with one of our mediators.

While there is no need to book, parties are encouraged to call our manager Joanne McDonald on 3839 7400 to notify of intention to come and to have any preliminary issues clarified.

Brisbane Mediations has over 30 panel members who are able to convene a mediation at short notice to resolve conflict in any field.

For more information we encourage you to look at our website  http://www.brisbanemediations.com.au

We look forward to answering your questions and assisting you.