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Complete More Probate Matters with the Will Register
September 13, 2021 ・ 10 min read
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Case Note: Mertz & Mertz
This appeal arose from the first-instance decision of Mertz & Mertz (No 4) [2025] FedCFamC1F 400. The appellant appealed the final orders, but ultimately discontinued the proceedings two days before the hearing of the appeal was listed. After the discontinuance, the only remaining issue for determination was the issue of costs. However, the matter became notable because of concerns about the accuracy and integrity of the documents filed on the appellant’s behalf, specifically, the Summary of Argument and the List of Authorities.
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Case Note: Shinohara & Shinohara [2025] FedCFamC1A 126
On 23 July 2025 in Shinohara & Shinohara [2025] FedCFamC1A 126 (“Shinohara”), the Full Court put an end to the long-established family law practice of notionally ‘adding back’ to the asset pool, at step 1, property that no longer exists. While in Bevan [2013] FamCAFC 116, the Full Court questioned the use of addbacks, differently constituted Full Courts have since consistently authorised the use of addbacks as a legitimate pathway to calculate a just an equitable property settlement order. So, what does this mean for everyday practice?
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The New Year Checklist for Law Firms
Whether you're starting work this new year at home or in the office, there are a number of tasks we recommend checking off your to do list to set yourself up for a productive and rewarding year in practice.
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