Stay sharp with the latest family law case insights. This space brings together real-world examples, commentary and practical takeaways from recent decisions in the Federal Circuit and Family Court of Australia.
From enforcement missteps to representation pitfalls, these case updates are a quick way to reflect, review, and refine your practice — so you can avoid the mistakes others make.
Although strictly speaking it is not a ‘costs jurisdiction’ Costs Orders are often made where the circumstances warrant doing so, such as where a party’s conduct has lengthened proceedings or a party has continued to
Adoption proceedings are not common. Blended families are very much the ‘norm’ and have been for many years but there can sometimes be compelling reasons for seeking an Order for adoption. However, even where one
Unfortunately, the penchant for appeals is not solely confined to self-represented litigants. Practitioners should not expend costs opposing technical filing arguments where the substantive impact on their client is negligible.
Where a party has exhausted multiple avenues of appeal, including an unsuccessful application for special leave to the High Court, and then fails to participate in the final hearing of their own volition, a subsequent
A Notice of Appeal where the applicant fails to file written submissions and instead makes oral submissions about perceived bias, is unlikely to survive a show cause hearing. Grounds of appeal must actually address the
Meint & B Pty Ltd — If a party’s application seeks orders that infringe the rights of an intervener or directly contradict a shareholders agreement, that party should withdraw those defective parts promptly when invited
Meint & Lyall — A single expert report that fails to engage with the terms of a shareholders agreement will carry limited weight where other shareholders hold the power to set the sale price of
Frost & Frost (No 2) — Where a father poses an unacceptable risk of harm to a child, the Court will order no time even where supervised time is sought, and family violence will be
The first was a Division 1 First Instance decision of His Honour, Schonell J, on
22 December 2025 where the applicant wife/mother filed an Application in a Proceeding seeking to discharge the jointly appointed
Whilst it is not unusual for a parent to want to revisit Orders that they are not happy with, and such attempts do not appear to have abated since the introduction of section 65DAAA to
In any initial advice conference with a prospective client it is imperative to determine if that client has left it a little late and leave may be required to commence proceedings. If that is the
Litigants often feel deflated, that the Judge didn’t like them, that it’s just not fair! Unfortunately, sometimes they are correct but when is it appropriate to make an application for a Judge to recuse him/herself?
In Joustra & Schuman [2025] FedCFamC2F 1478 Her Honour, Judge Suthers, determined an application brought by the Father for essentially a reverse of primary residence. There were existing final parenting Orders made in 2023 providing
In Bello & Opeyemi [2025] FedCFamC1A 179, the Father sought to appeal final parenting Orders made in December 2021 in respect of a then five-year-old child. The Orders provided for only supervised time between the
What is the correct venue? For most disputes involving parenting arrangements or property proceedings the correct venue will be the FCFCoA in either Division 1 or 2 however, in some circumstances that may not be
Limitation dates in property matters
Missing a limitation date can be fatal and such enquiries should be foremost in one’s mind when taking initial instructions. If the parties were married then whether or not they
With the use of Artificial Intelligence (“AI”) on the rise it is imperative that if is used in proceedings it is so used with great caution. Although the case of Helmold & Mariya (No 2)
Harmful Proceedings Orders are being made more often it would seem and also in property proceedings, as opposed to parenting matters. In the case of Vaughan (No 2) [2025] FedCFamC1A 159 His Honour, Schonell J,
When entering into Consent Orders it is important to consider those Orders very carefully, especially any flow on effects. In Palmisano & Angelov [2025] FedCFamC1A 166, a decision of His Honour, Austin J, considered an
Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge
