Publications
Overview of changes in the law
Liability of Lawyers for Faulty Pre-Nups
Pre-nups or pre-nuptial agreements are becoming increasingly popular and are far more socially and legally acceptable in 2025 than in 2000 when they were first introduced. The High Court of Australia in R Lawyers & Daily and Another (2025) FLC 94-276 considered financial agreements for the first time since Thorne v...
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...
Pets in Family Law Proceedings: Who gets to keep Roxy? Why can’t we share the care of Charlie?
In Australia, pets are often treated as members of the family, and this is particularly obvious with dogs. The cost of, and demand for, designer dog breeds like cavoodles and labradoodles is high. They are given human names like Lucy and Max – not Rover and Fido - and are more likely to live indoors than outdoors as they did...
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...
Family Law Act Amendments & Parenting Arrangements: A New Pathway or Stuck on the Same Old Road?
INTRODUCTION : FAMILY LAW ACT AMENDMENTS 2024 Major changes to the parenting provisions in Pt VII of the Family Law Act 1975 (Cth) (‘FLA’) came into effect on 6 May 2024 when the Family Law Amendment Act 2023 (Cth) (FLAA) commenced. These amendments have only been in effect for three months, but already some cases have been...
How will Family Law relocation cases be decided in 2024?
A “relocation case” arises when a parent wants to move to a place far away enough from their current location that it will impact the time that the other parent spends with the children, resulting in a disagreement on the children’s future living situation and arrangements to spend time with each parent. Disputes about whether...
Evolving ‘Best Interests’ Factors For Post-Separation Parenting – What You Need To Know About Family Law Reforms in 2023
Australia's family law landscape is undergoing significant changes that may impact separated parents. The Family Law Amendment Act 2023 (FLAA) is at the centre of these reforms, aiming to streamline and clarify certain aspects of family law. These changes will impact parents, children, and legal professionals alike. Please...
Is “fault” back? – Proposed property reforms to the Family Law Act 1975 (Cth)
The Federal Government has proposed changes to those parts of the Family Law Act 1975 (Cth) (FLA) which direct how property settlements between separated couples are determined. Primarily the proposed amendments aim to clarify the process followed by the courts to determine the parties’ property entitlements and codify...
Will de-federation of the Family Court fix fragmentation of family law? An analysis of the ALRC’s final report on family law
De-federation and Family Law Fragmentation Family law never stagnates. Legislative reforms since the introduction of the Family Law Act 1975 (Cth) have often either followed societal developments or, more frequently, led or accompanied them. However, the next 12 months has the potential for even greater change for family...
Family Violence – changes to the Family Law Act
The Family Law Amendment (Family Violence & Other Measures) Act 2018 ("Family Violence Act") commenced operation on 1 September 2018. Its changes will impact on the law, practice and procedures in family law matters, not only where there are family violence orders. Although the Bill received considerable attention when it...