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

Queensland Government response to the report of the Queensland Women’s Safety and Justice Taskforce

Reducing domestic and family violence (DFV) is one of our three pro bono priority areas. We have a long history of working with victim/ survivors of DFV and are focused on prevention, empowerment, increased access to justice and perpetrator accountab

  • Women’s safety and justice taskforce
  • domestic and family violence
  • DFV
  • Coercive control
  • Domestic violence

Article

What happens when parents disagree on their child’s vaccination? A family law perspective

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

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

Article

How the Australian courts are tackling coercive control

There has been a profound shift in Australian society towards the attitude and recognition of domestic violence. This has been echoed in the Australian courts, with coercive control recently in the spotlight.  In this article, we discuss what coerc

  • Coercive control
  • Domestic violence
  • Spousal abuse

Factsheet

Divorce

Obtaining a divorce To obtain a divorce, an application for divorce is filed in the Federal Circuit Court of Australia. You can apply for a divorce if: Your marriage has broken down irretrievably. There is no reasonable likelihood of resuming coha

  • Family and relationship
  • Divorce
  • Separation
  • Spousal maintenance

Court Decision

Can parents who are dissatisfied with existing parenting orders rely on COVID-19 to re-litigate their matter?

In this article, Partner, Lisa Lahey and Law Graduate, John Hickey outline the recent court decision Xiu v Hodges [2020] FamCA 225 and discuss the Court’s unpreparedness to entertain parents’ efforts to capitalise on the COVID-19 pandemic as

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

Article

To vaccinate or not to vaccinate - it is a black and white debate

Update: March 2021 On 12 March 2021 the Family Law Courts announced they are expanding the criteria for the COVID-19 List (a list created at the start of the COVID-19 pandemic to address any disputes that arise as a direct or indirect result of the C

  • Health

Article

How the new “COVID19 List” is fast-tracking your application in the Family Law Courts

On 28 April 2020, the Family Court and Federal Circuit Court of Australia released the third joint practice direction of 2020 enabling you to make an urgent application for issues arising as a direct result of the COVID19 pandemic. In this article we

  • Coronavirus
  • Isolation
  • Separation

Article

COVID-19: The Chief Justice of the Family Court releases guidance for families

Last week, the Chief Justice of the Family Court of Australia released a media statement providing general guidance to families and the Australian community as we continue to navigate these uncertain times amidst the COVID-19 outbreak. Partner, Lisa

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

Article

COVID-19 (Coronavirus) and co-parenting – do travel restrictions impact your parenting orders?

The Federal Government has announced implementing a level-four travel ban for the entire world, advising all Australians to not travel overseas at this time. It has also recommended that Australians already overseas who wish to return to do so as soo

  • Travel
  • Separation
  • Pandemic
  • Health
  • Covid-19
  • Coronavirus
  • Divorce

Article

What is a de facto relationship? A summary of key principles and a discussion of the recent case of Herford and Berke (No. 2)

Disputes often arise about the existence of a de facto relationship as, unlike marriage, there is no formal marker of the relationship, which a marriage certificate provides. Colloquially, a de facto relationship evokes ideas of murky uncertainty and

  • Relationship law
  • Family law
  • Family and relationship law
  • Separation
  • Relationships
  • De facto

Factsheet

Third parties in family law proceedings

Who is a party to family law proceedings? Usually, only two persons are parties to a dispute in the Family Court or the Federal Circuit Court. They are the spouses or de facto spouses in a property dispute, and the parents of a child or children in

  • Dispute
  • Court
  • Family and relationship law
  • Court proceedings
  • Spouse

Factsheet

Equal shared parental responsibility

How shared parenting responsibility is determined under the Family Law Act 1975  Section 61DA of the Family Law Act 1975 (Cth) contains a presumption that it is in the best interests of the child for the child’s parents to have equal shared pare

  • Shared parenting
  • Parental responsibility
  • Separation
  • Family and relationship law