Publications
All Articles
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 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) contributions increased...
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...
Recent Cases in Bankruptcy & Family Law
Bankruptcy issues frequently arise when parties separate - either contributing to the reasons for the separation or as an outcome of the separation. When bankruptcy and separation occur at the same time the question is: which legislation applies to determine whether the trustee in bankruptcy or the non-bankrupt spouse takes...
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...
Tips to Keep Your Family Law Costs Down
Managing Legal Costs Collaboratively We appreciate that payment of legal costs can present a challenge for many clients. We will work with you to ensure your case is dealt with as efficiently and cost effectively as possible. Transparent Information About Fees and Disbursements We will be transparent about our professional...
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...
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...
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...