News and Insights

Stay up to date with the latest News and Insights

Subscribe today

Sectors

Services

Type

Sort Order

Latest Date
Oldest Date

Authors

Legislation Update

Navigating the Family Law Amendment Act 2023 (Cth): Key Changes

The Family Law Amendment Act 2023 (Cth) (the Amendment Act) introduces significant changes affecting families and professionals in the family law space  including new legislation about how the Courts will make parenting orders in the best interests

  • Family Court
  • Family lawyers
  • Parenting matters
Todo

Court Decision

Recognising IVF treatment as a contribution in short to medium term relationships

Partner Kathleen Coggins and Solicitor Shannon Ariens discuss how a Court considers a party’s participation in IVF treatment in short to medium term relationships, particularly if the treatment was unsuccessful.

  • Relationships
  • Property settlement
Todo

Article

Hague Convention proceedings: What to consider

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

  • Divorce
  • Separation
Todo

Article

My spouse has commenced proceedings: Can I still settle outside of the Court process?

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

  • Separated individuals
  • Married couples
  • Defacto couples
  • Family law practitioners Family and relationship law
  • Separation
  • Divorce
  • Dispute Resolution
  • Family Court

Article

Guidelines issued by Federal Circuit and Family Court of Australia regarding operation of Evatt List

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

  • Separation
  • Divorce
  • Family and relationship law
  • Covid-19
  • Pandemic
  • Custody

Court Decision

COVID-19 pandemic continues to impact parenting orders

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

  • Separation
  • Divorce
  • Family and relationship law
  • Covid-19
  • Pandemic
  • Custody

Court Decision

Best interests of children remain paramount consideration in adjournment applications

In this article, Partner, Kathleen Coggins and Solicitor, John Hickey discuss how the Full Court dismissed the father’s appeal and found that the trial judge’s consideration of the welfare of the children justified the decision to not adjourn

  • Family and relationship law
  • Divorce
  • Separation
  • Custody

Article

Recognising domestic violence during the COVID-19 pandemic

While Australia continues to navigate through the COVID-19 pandemic, with varying degrees of restrictions still in place throughout Australia, it is important to consider the many Australians whose family homes are not always the safest place to be.

  • Domestic violence
  • Spousal abuse
  • Separation
  • Health
  • Divorce

Article

Parenting orders after COVID-19: Will my orders remain binding?

There is currently a lot of discussion surrounding the obligations of parents and carers under existing parenting orders, in circumstances where they have been impacted by the COVID-19 pandemic.  However, even during the existing climate, parents a

  • Covid-19
  • Coronavirus
  • Pandemic
  • Isolation
  • Social distancing
  • Divorce
  • Separation

Article

Deployment, separation and children: permission to relocate ‘wherever’

While the impact of deployments for members of the Australian Defence Force (ADF) is significant for all families, the impact is even more significant for a family when the move occurs after separation.  There has been a number of recent cases in A

  • Family and relationship law
  • Divorce
  • Separation

Court Decision

Can delay be in the best interests of children?

Key issues: After three years in the Court system a Judge has determined that it was in the best interests of two children for the making of final parenting orders to be delayed for 12 months. In Geisler & Geisler [2018] FCCA 3959, on the day

  • Court proceedings
  • Court order
  • Family and relationship law
  • Parents
  • Divorce
  • Separation

Court Decision

Substitution a possibility when tax liability involved

While there is no doubt that a taxation liability of one spouse can be taken into account as part of a property settlement, the Full Court has recently confirmed that one spouse can be substituted for the other spouse in terms of a liability owing to

  • Personal taxation
  • Tax liabilities
  • Tax returns