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.
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
