Publications
Parenting
Family Law Act Amendments Update – Parenting arrangements and property settlements
Introduction In the past, family lawyers often joked about the constancy of legislative reform, but it has been quiet recently. This is fairly unusual as family law is so tied up with societal changes – either leading them or following them. We have had nothing substantial since the commencement of the Federal Circuit and...
How Recent Changes to the Family Law Act Are Unfolding in 2024 – A Guide For Families
Australia's family law landscape has witnessed significant transformations impacting separated parents, especially with the recent Family Law Amendment Act 2023 (Cth) (FLAA) which will operate from 6 May 2024. This is a guide for parents who want to better understand how recent changes may affect their personal situation and...
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...
How Much Child Support Should I Pay?
Either parent can apply for a child support assessment. Child Support issues an assessment setting out the amount of child support payable by one parent to the other. The assessment is based on a formula. The level of child support varies depending on such factors as: the number of children of the relationship; the amount of...
Family Law and Health Care Decision Making for Children
Introduction A person’s consent is generally required in Australia before medical treatment can be provided. People are not required to provide that consent, and there are various reasons why they may withhold their consent. The issue of consent is, however, complicated when the patient lacks the requisite capacity to provide...
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...
Shining a torch on the bleakness of parental alienation – Solicitors in the coalmine
This paper is not an analysis of the psychological literature, but is written from the perspective of a solicitor who acts for parents who display alienating behaviour to their former partners and parents whose relationship with their children appear to have been damaged or may be in the process of being damaged by the...
Hot Cases in Family Law 2017
Even before the delivery of the judgment by the High Court in Thorne & Kennedy on 8 November 2017, a financial agreement case, there have been major developments under the Family Law Act 1975 (FLA) in case law in 2017. This paper covers: Wallis & Manning - contributions and comparable cases. Calvin & McTier -...
The Baby Gammy case
Recently, the Family Court of Western Australia delivered judgment in the "Baby Gammy" case. Although colloquially called the "Baby Gammy" case, the Court was asked to determine the parenting arrangements which were in the best interests of Pipah (Baby Gammy's twin sister).The lengthy judgment of almost 800 paragraphs and 190...
Surrogacy—tip toeing through a legal minefield
Understanding inconsistency in the law between states in Australia presents problems for practitioners and their clients. Navigating the many legal barriers facing those desperate for a child, who battle bureaucracies and the legal systems of Australia and other nations, is a major challenge. There is also a significant amount...
