Publications
Frequent Topics
01.
Negotiating A Property Settlement during Covid-19
Negotiating and documenting a property settlement under the Family Law Act 1975 (Cth) (FLA) is not always easy. You and your former partner may have a strong desire to keep things amicable, but it is an emotional time and there are added layers of difficulty in times of economic crisis. As a result of the COVID-19 pandemic,...
02.
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...
03.
Binding Financial Agreements: Drafting with the End in Mind
The reality is that, for some clients, happily ever after will involve the parties going their separate ways. When relationship breakdown occurs, how watertight is a financial agreement under the Family Law Act 1975 (Cth) (FLA)? This paper looks at taking a risk averse approach to financial agreements, some of the risky...
04.
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...
05.
What is arbitration?
We do arbitrations Jacky Campbell of Forte Family Lawyers is an accredited arbitrator and a family lawyer of over 35 years’ experience. Jacky is an Accredited Specialist in Family Law and a Fellow of the International Academy of Family Lawyers. Jacky is well known for writing in family law publications for other lawyers and...
06.
The Micawber principles: When bankruptcy and Family Law Collide
1. Introduction Why is this paper called “The Micawber principles”? Mr Micawber, in Charles Dickens’ David Copperfield is the eternal optimist. His famous phrase “Something will turn up” is probably reflective of why many people end up bankrupt. Judge Driver, in a case referred to in this paper, described a bankrupt as...
07.
Will de-federation of the Family Court fix fragmentation of family law? An analysis of the ALRC’s final report on family law
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 lawyers, the family law courts and parties...
08.
Financial Agreements: still worth the candle?
Post Thorne v Kennedy (2017) FLC 93-807, family lawyers and clients have reconsidered the worth of financial agreements under the Family Law Act 1975 (FLA). At the outset, it is impossible to guarantee to clients that financial agreements are binding and will not be set aside. Lawyers can, however, take steps to reduce the...