News and Insights

In an increasingly globalised world, more and more relationships cross national and cultural boundaries. When these relationships break down, people must grapple not only with the breakdown of their relationship, but with the cross-border complicatio

Are the family law reforms proposed by the Government the end of fathers’ rights to be equal parents? The short answer is no. Currently, the Family Law Act 1975 (Cth) (the Act) requires the Court to consider a number of primary considerations w

In this article we examine a recent High Court Decision in Fairbarin v Radecki, highlighting the multitude of factors that may be relevant to the existence and breakdown of a de facto relationship. Though de facto relationships and marriages continu

The High Court was asked in the recent case of Fairbairn v Radecki [2022] HCA 18 to consider whether the de facto relationship between Mr Radecki and Mrs Fairbairn had broken down for the purposes of the Family Law Act 1975 (Cth). The implications of

The introduction of the Family Law Case Management Central Practice Direction has enhanced the focus on parties to resolve their matters, prior to and during their proceedings. The Central Practice Direction encourages the early resolution of family

Even in circumstances where couples are able to separate amicably, the process of, and adjustment to, separation can be difficult.  Following separation, not only do couples face the need to resolve parenting and/or property and spousal maintenance

To vax, or not to vax, that is the question.  The legal, medical, and ethical minefield surrounding the question of vaccinations is not going away any time soon. With reports from overseas on lowering the ages at which children should be receiving

The Federal Circuit and Family Court of Australia (FCFCOA) has recently issued guidelines in respect of the operation of the Evatt List, including in relation to the involvement of an Independent Children’s Lawyer (ICL).  The Evatt List is a spec

It is not uncommon for family law clients to be confused about the differences between child support and spousal maintenance. Although they are both intended to achieve a similar goal, which is a payment towards a party’s financial support where th

In Denham & Newsham [2021] FamCAFC 141, a father successfully appealed against a decision for his child to relocate from Australia to Belgium because of further evidence which he adduced regarding the impact of the COVID-19 pandemic upon internat

If you hold property or assets both in Australia and overseas, then determining where to deal with any family law matters in the event of separation can be tricky.  In light of the recent decision from the Full Court of the Family Court of Australi

Upon separation, there is no automatic right to receive maintenance from, or a duty to pay maintenance to a former spouse/partner. What is maintenance? The Family Law Act 1975 (Cth) provides that one party to the marriage is liable to maintain the