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...
Jacky Campbell
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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...
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...
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...
When can a de facto partner make a claim for a property settlement?
Jacky Campbell Partner Forte Family Lawyers June 2025 It is very common for parties to disagree about whether they were in a de facto relationship 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...
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...
Breaking the Chains: The Impact of Family Violence on Financial Agreements
The Family Law Act 1975 (Cth) (FLA) does not expressly provide an avenue for victims of family violence to rely upon the family violence as a ground to “escape” from the terms of a financial agreement. Financial agreements made under the FLA are used to oust (or at least limit) the jurisdiction of the court to make...
The Role of Superannuation in Family Law Property Settlements
First published 21 July 2021, updated 27 November 2025 and June 2026. Introduction Superannuation splitting is an important aspect of family law property settlements under the Family Law Act 1975 (Cth) (FLA). This paper looks at some of the technical aspects of superannuation splitting so as to ensure that a superannuation...
Codification and companion animals: important elements of the family law reforms
Published in Law Society of NSW Journal Snapshot Significant changes to the Family Law Act 1975 (Cth) come into effect 10 June 2025. The changes focus on the financial and property aspects of relationship breakdown. The reforms explicitly address the economic ramifications of family violence in determining property...
What Is A Binding Financial Agreement?
A Binding Financial Agreement is a legal contract between partners or former partners that outlines how assets, property, and finances will be divided in the event of a relationship breakdown, thereby avoiding court involvement. Defining a Binding Financial Agreement In Australia, a binding financial agreement (BFA) is a...
Jacky Campbell on ABC Law Report: How Legally Tight Are Prenuptial Agreements?
Forte Family Lawyers Partner, Jacky Campbell, recently joined The Law Report on ABC Radio National to discuss a question many couples ask: How legally enforceable are prenuptial agreements in Australia? In this episode, Jacky shares practical insights into the strengths — and limitations — of financial agreements, and what can...
The Use of AI in Family Law Proceedings – 2026
The legal profession is embracing AI, but caution and accountability are paramount. In her recent article for Wolters Kluwer, Jacky Campbell, Founding Partner of Forte Family Lawyers, explores how the use of artificial intelligence is reshaping Australian legal practice, and why family lawyers need to proceed thoughtfully....