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.
The Full Court confirmed that addbacks are no longer permissible in the traditional sense. Following the commencement of the Family Law Amendment Act 2024, section 79(3)(a)(i) now mandates that only existing legal and equitable rights
Daalman & Daalman [2025] FedCFamC1A 33 was an appeal from a decision of a Div 2 Judge. Orders had been made in the lower proceedings in the absence of the appellant wife, dismissing her Application
This was a decision of His Honour, Austin J, where the Appellant mother sought to appeal the refusal of an adjournment application made part way through the trial of the substantive proceedings. The mother had
Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant
This was another attempted appeal from a Magistrate (Magistrates Court of Western Australia) and involved a s65DAAA matter. It was heard by His Honour, Austin J, and Judgment delivered on 14 March 2025.
This was an appeal before Schonell J from a decision of the Magistrates Court of Western Australia (Magistrates Court), with Judgment delivered on 7 March 2025. It was somewhat strange because the proceedings in the
This matter involved a female child, X, who was 13 years of age at the time of the hearing in November 2024. X lived in Melbourne with her father and stepmother whilst the mother lived
This was the final hearing of a matter with a long history before the Court and, as such, was Judgment number six. It involved a female child, X, who was 14 years old at the
If you have followed the social science research publications and related case law over the years you will be familiar with the concept of young children, especially those not yet of school age, not spending
As legal practitioners we are always judged on our conduct, whether it be with our clients, other practitioners or, more seriously, the Court. We are human and bound to err at some point in our
Proceedings for an adjustment of property interests where the parties were married must be commenced within 12 months of the granting of a Certificate of Divorce (s44(3B)(c)) or within two years of separation for de
Spousal Maintenance is possibly one of the most expensive applications in terms of legal costs and often commented upon by Judicial Officers as the cost being higher than the gain. One such saga played out
In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result
When matters proceed to hearing and a Judge has to determine the outcome, it is often the case that a witness’ credit looms large in such a decision. That is, should the evidence of one
When solicitors brief Counsel, whether it be for a hearing or to provide an advice/opinion, they are entrusting their client’s case to that Counsel. It is unlikely that a solicitor ever checks to ensure that
In Ogilvie & Farnam [2024] FedCFamC2F 793 the Court made Interlocutory Orders restraining the Husband from instructing a particular law firm to act for him in the proceedings before the Court, as his ‘intimate partner’,
It is quite common for Orders involving the transfer or sale of property to include an Order pursuant to section 106A of the FLA permitting a party to approach a Registrar of the Court where
When parties separate and need to effect an adjustment/distribution of assets it is imperative that they comply with the obligation to make full and frank disclosure and engage honestly in any negotiations and attempts to
The latest amendments to the Family Law Act that commenced on 6 May 2024 so a codification in Section 65DAAA of what was previously known as the Rule in Rice v Asplund.
Reconsideration of Parenting
