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...
First published 10 March 2023, updated 27 November 2025 and June 2026 Introduction Most property settlements under the Family Law Act 1975 (Cth) (FLA) involve a consideration of superannuation. Even the smallest property pools will usually include some superannuation. On 1 July 2025 the Superannuation Guarantee (SG)...
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...
This article covers the following traps, and tips on how to avoid them or minimise the risks: Changes in the law Contingencies – changes in the parties’ circumstances Changes in entities and business operations Dealing with superannuation Inequality in bargaining power Disclosure or lack of disclosure Quarantining assets...
The reality is that, for some clients, happily ever after involves the parties eventually going their separate ways. When relationship breakdown occurs, how watertight is a financial agreement under the Family Law Act 1975 (Cth) (FLA)? This paper takes a risk-averse approach to financial agreements, examining some of the...
Introduction It is no secret that the primary goals of the Federal Circuit and Family Court of Australia (FCFCOA) are to encourage dispute resolution and reduce the time and costs for parties to resolve their disputes. However, for many parties the new case management pathway and procedures have not resulted in more expedient...
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...
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...
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...
This Webinar looks at the basics of drafting and advising on a financial agreement and minimising the risk of a financial agreement under the Family Law Act 1975 (Cth) (FLA) being found not to be binding or being set aside. It covers: Ensuring compliance with the relevant sections of the FLA Subject matter When is an agreement...
Relocation disputes arise where one parent seeks to move with a child and the other parent does not agree. These cases are often complex, as a proposed move can significantly affect a child’s relationship with both parents, grandparents and other extended family, schooling, support networks, and day-to-day life. Relocation...
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)...