Publications
International family law disputes
Global families – where should the case be heard?
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. In cross-border disputes after relationship breakdown, where you litigate can impact outcomes. This paper looks at how jurisdictional and forum issues are dealt with in cross-border family law disputes in Australia.
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...
Relocation & Moving with Children
Relocation disputes arise where one parent seeks to move with a child and the other parent does not agree. These cases are often complex, as a proposed move can significantly affect a child’s relationship with both parents, grandparents and other extended family, schooling, support networks, and day-to-day life. Relocation...
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...
Treaties and international agreements relevant to family law proceedings in Australia
In family law disputes, the parties often have a significant connection to Australia: they are born here or have become Australian citizens, they have all or most of their property here, and they live in Australia when they separate. But, there are also many cases where parties separate in circumstances where they were born...
Which country? Child abduction proceedings, undertakings and maintenance orders
Undertakings & Maintenance in Hague Child Abduction Cases International mobility continues to increase through greater travel and work opportunities, and the number of cases dealt with by the Family Law Courts continues to increase exponentially. The difficulties involved with resolving financial disputes at the end of a...
Which country? The “clearly inappropriate forum” test in Australian family law
In deciding whether Australia should exercise jurisdiction in proceedings under the Family Law Act 1975 ("the Act") , the usual test is whether or not Australia is a "clearly inappropriate forum". The application of the "clearly inappropriate forum" test was recently considered in Deslandes & Deslandes[1]. In that case,...
Which country? New Zealand vs Australia—a special case
The "forum non conveniens" test does not apply when determining which forum should determine a family law dispute when the contest is between Australia and New Zealand. An example of the application of the test which applies to these forum disputes occurred in Nevill & Nevill.[1] In that case, the wife issued property...