News

Australia does not have any legislation that specifically determines what happens to pets following separation of co-owners....

A Child Protection Order is a direction from a Court requiring or authorising someone to do or not do something, such as giving CSS the custody or gua...

In family law, people often have the misconception that an inheritance is excluded from the property pool. In fact, the Court can exercise their discr...

One way the Federal Circuit and Family Court order Gold Coast Australia is attempting to alleviate delays and costs for parties to family law Gold Coa...

Part 12.3 of the recently commenced Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“the Rules”) imposes stringent obligati...

From 19 October 2021, women escaping a violent relationship will have access to a one-off payment of $5,000....

A court may make a cost order that requires a legal practitioner to personally pay an order for costs. Cost orders against legal practitioners in fami...

As a general rule, there is a requirement for parties to a financial family law dispute to make a genuine attempt to resolve the dispute before taking...

The new Rules provide that as of 1 September 2021, there is no general right to file Affidavits. Rule 8.13 states that a party may file an Affidavit w...

The new case management pathway is designed to progress matters through the Court as quickly and fairly as possible with the intention of having as li...

Gone are the days where offers could be made and received in a vacuum in property matters. With the new Rules of the Family Law Courts coming into eff...

A Family Report is a document written by a family consultant (being qualified social workers or psychologists) who have been appointed by the Court in...

Surrogacy laws differ in each State and Territory of Australia, but commercial surrogacy is illegal Australia-wide. If you have a medical or social ne...

On 18 February the Australian Parliament passed legislation to merge the Family and Federal Circuit Courts into a single Court with two Divisions. Wha...

Once Orders have been made by the Court, parties to the Orders are required to follow them. In circumstances where the Orders are not followed, you ha...

Okay, so I know I can cross borders for changeovers, even hard borders, but what happens during lockdown? Good question! Lockdowns are still parenting...

Separation can leave parties wishing they never got married in the first place. Whilst a marriage cannot simply be undone, there are Court pathways to...

With border blockades back on the agenda for most states with the NSW COVID outbreak, we wanted to confirm to everyone that an exemption for travel ha...

The superannuation guarantee in Australia means that for many employed Australians, superannuation interests will accrue even where their other person...

Generally speaking, parenting Orders will remain in place and enforceable unless the parties to the Order enter into a subsequent parenting plan or fu...

When two parties separate, it is not uncommon for them to remain living under the same roof. Whilst you are not living separately and apart, this does...

Parties have the option to progress their matter to arbitration, which can expedite final resolution in a fraction of the time as if the matter had pr...

When a Parenting Order is made, each party affected by the order must comply and follow it. If a party does not attempt to comply or deliberately fail...

Whether it be a marriage or de facto relationship, determining how to distribute your property and assets after a relationship breakdown can be stress...

The earlier you seek legal advice after a separation the better. If legal proceedings are to be commenced, the more time your lawyer has to prepare fo...

Improperly registered caveats are fertile ground for litigation and costs being awarded against parties wrongly registering same. ...

Settlement options should always be explored at every step of a matter and even where a mediation does not succeed, that should not be the turning poi...

Coercive control is a form of domestic violence. Acts of intimidation, humiliation and threats to individuals are all types of coercive behaviour.&nbs...

We often see cases where the non or lesser earning spouse wants their cake and eat it too (almost makes sense). Spousal maintenance and the factors to...

No fault divorce has been “a thing” since the introduction of the Family Law Act in 1975. This means, unlike in some other count...