Family Law Education Network

Tag: procedural fairness

Evelyn & Kozel [2025] FedCFamC1A 171

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 are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

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Helmold & Mariya (No 2) [2025] FedCFamC1A 163

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) [2025] FedCFamC1A 163 relates to the use of AI by a self-represented party, it is nonetheless a cautionary tale.

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Palmisano & Angelov [2025] FedCFamC1A 166

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 appeal filed by the father in respect of Consent Orders made by a Division 2 Judge, on 20 August 2025.

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Shinohara & Shinohara [2025] FedCFamC1A 126

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 and interests can be included in the pool for adjustment.

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Daalman & Daalman – Wrong Path Taken: Review Dismissed, Appeal Denied

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 for Review of a registrar’s decision. Interim Orders had been made by a Senior Judicial Registrar for the sale of a property, an interim distribution to both parties and the balance of funds to be held in a controlled monies account pending the final hearing.

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Evelyn & Kozel [2025] FedCFamC1A 171

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 are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

| Read More

Helmold & Mariya (No 2) [2025] FedCFamC1A 163

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) [2025] FedCFamC1A 163 relates to the use of AI by a self-represented party, it is nonetheless a cautionary tale.

| Read More

Palmisano & Angelov [2025] FedCFamC1A 166

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 appeal filed by the father in respect of Consent Orders made by a Division 2 Judge, on 20 August 2025.

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

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 and interests can be included in the pool for adjustment.

| Read More

Daalman & Daalman – Wrong Path Taken: Review Dismissed, Appeal Denied

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 for Review of a registrar’s decision. Interim Orders had been made by a Senior Judicial Registrar for the sale of a property, an interim distribution to both parties and the balance of funds to be held in a controlled monies account pending the final hearing.

| Read More