Family Law Litigation:

Family law litigation is seldom associated with commercial disputes, however some family law cases can have a commercial flavour where the property under dispute is connected to a commercial interest and where title to that commercial interest is in question. For example, a family estate may be in the midst of being split up pursuant to either a binding financial agreement or by consent orders or through the process of litigation. That estate may include profit shares or interest in a commercial investment, either in a business or property or both.

Principles of commercial law may therefore be highly relevant in such cases. A family law solicitor who has experience in commercial litigation may be able to assess the facts of the case at a far broader level and identify possible liabilities that may not occur to a specialist in family law alone. Likewise, litigation in family law may well draw on the general principles of civil litigation disputes so that a family law lawyer who has acquired experience in civil litigation may be able to draw on the expertise he or she has assumed over the years in the broad range of complicated civil matters and use this knowledge to best investigate and prosecute a family law matter.

Family law disputes and litigation will generally involve conflicts between parties relating to property and children. The laws relating to these two general areas of legal activity are largely settled and governed by statutory provisions that provide a framework and process for the determination of cases. However, case law can often interpret and reinterpret certain legal concepts and principles as community expectations and social standards evolve over time. The application of legal principles in other areas of law, such as commercial and civil litigation, may conceivably influence the outcome of family law proceedings concerning the division of property or visitation, custody and other orders relating to children.

Other areas of law which may influence or be part of a larger family law matter can involve the investigation of parties’ tax liabilities, superannuation or the interpretation of contractual instruments under which liabilities are triggered as a result of the litigation, or which themselves affect the conduct of the litigating party.

The diverse resources (both intellectual and material) available to a solicitor who has been exposed to civil litigation as well as commercial litigation, are profound. These accumulated resources of a legal team which has the benefit of cross-area support will undoubtedly be of great value to the litigant facing a highly complicated litigation matter and who is looking for comprehensive legal advice and first class strategy as to how to handle it. This is the case for a litigant who finds himself or herself as the potential instigator of or Applicant in a family law suit, or for the Respondent who needs to prepare and file a Response to an Application made against him or her.

If you require assistance with a complicated or sensitive family law matter, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.