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Financial Agreements – Back to Basics
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...
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...
Family Law Property Settlements – Fraud, Tax Evasion, Bankruptcy and Family Violence
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...
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...
Show Me the (Interim) Money: Running Interim Spousal Maintenance Claims in the FCFCOA
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...
Section 90B Binding Financial Agreements: Precision Drafting for Now and Into the Future
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...
Tips and Traps of Drafting Financial Agreements
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...
For Richer and Poorer: Drafting Watertight Property Consent Orders
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...
Super-Size Me: Superannuation Splitting and Family Law
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)...
The beginning of the end of resulting trusts? — The High Court’s judgment in Bosanac v Commissioner of Taxation and Anor
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...