Publications
Property
When can a de facto partner make a claim for a property settlement?
It is very common for parties to disagree about whether they were in a de facto relationship and when it started or ended, thus impacting whether a claim can be made for a property settlement under the Family Law Act 1975 (Cth) (FLA) and the quantum of the claim. The parties may be housemates, friends with benefits, dating,...
The new process for determining a family law property settlement is changing – What do you need to know?
The Family Law Amendment Act 2024 (the Act) was recently passed by Federal Parliament and most of the amendments will take effect on 10 June 2025. The Act amends the Family Law Act 1975 (Cth) (FLA) and primarily deals with the property settlement and maintenance provisions for married and de facto couples in Pts VIII and...
Cross-border Family Law: Advising Clients when Other Jurisdictions are in Play
Today’s increasing globalisation means that the numbers of couples and families who are temporary or permanent residents, own property, have property interests and/or run businesses in other countries is on the rise. While Australian lawyers cannot (and should not) provide advice to their clients about their legal entitlements...
Key Insights Into Family Law (Property) Reforms in 2024
Family law (Property) changes from 10 June 2025 To learn more about changes made to Family Law (Property) as of 10 June 2025, please view the Attorney-General’s Department fact sheet. (Article updated June 2025) Australia’s family law landscape is in the midst of transformation, with the Family Law Amendment Act 2024 (FLAA)...
Family Law Property Settlements – Fraud, Tax Evasion, Bankruptcy and Family Violence
Bad behaviour by separating couples is all too common. Fraud, tax evasion, bankruptcy, failing to disclose financial circumstances and other bad behaviour can result in negative outcomes for the recalcitrant party in property settlement proceedings. The topics I will cover are: Overview of property settlement process Bad...
For Richer and Poorer: Drafting Watertight Property Consent Orders
There are many advantages to settling disputes through consent orders, but there are also many potential pitfalls in drafting them and in the process of having the orders made. This paper covers: Legislative background Duty of Disclosure When will a Court Decline to Make a Property Consent Order? Legal representation...
The beginning of the end of resulting trusts? — The High Court’s judgment in Bosanac v Commissioner of Taxation and Anor
The equitable presumptions of advancement and resulting trust were examined by the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34; (2022) FLC 94-107 delivered on 12 October 2022. The High Court considered whether the presumption of advancement had been abolished and discussed the relevance of the...
CLAYTON v BANT – effect of overseas order on rights under the Family Law Act 1975(Cth)
The High Court of Australia considered the impact of an overseas court order on Australia property settlement and maintenance proceedings in Clayton v Bant (2020) FLC 93-994; [2020] HCA 44. The issue arose because the language of the overseas order was not the same as the Australian order and the husband had not properly...
Hsiao & Fazarri: The High Court considers gifts and fresh evidence
The High Court rarely grants special leave to appeal and does so even more infrequently in family law matters. When it does hear a family law appeal family lawyers expect that the outcome will either provide clarity as to an aspect of the law or change their understanding of the law. High Court cases such as Mallet v Mallet...
Negative property pools and who will wear the debt
1 Introduction There are two ways to approach this question: one can consider property pools where the debts outweigh the parties’ modest equity in a home and superannuation. As these cases are rarely litigated because the costs are disproportionate to the property pool, it is difficult to draw any principles from...