From the Blog

Family Law in the Time of COVID-19

14 May 2020

Coronavirus has had an enormous impact on the lives of all Australians, including in relation to family law matters. If you have separated from your partner, there are a wide range of ways in which the present circumstances may affect you or your family.

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You Don’t Always Get Out What You Put In

1 October 2019

People often assume that property they own before a relationship commencing will remain their own should the relationship end. However, as the recent case of Jabour & Jabour demonstrates, an initial contribution of property is only one factor considered when assessing the division of assets upon separation.

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Are Your Assets as Safe as You Think?

1 September 2017

Under the Family Law Act in Australia, parties to a marriage have one year to bring an application with respect to property matters after a divorce is finalised. Parties to a de facto relationship have up to two years after the date of separation to bring an application with respect to property matters. These time limits can be extended where the court accepts that to do otherwise would cause a party to suffer financial hardship.

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Show Me the Money

18 October 2016

When it comes to determining the assets available for distribution between the parties to a family law property settlement, it is not uncommon for there to be an allegation that one party has been siphoning money out of the visible asset pool. Particularly where parties have failed to make full and frank financial disclosure, it can be a difficult task for the Family Courts to identify the true extent of the parties’ assets.

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When Consent is not Consent in Property Settlement

23 February 2016

Parties have an obligation to provide full and frank financial disclosure in any family law property settlement. The requirement is no less significant when the property settlement is formalised with an Application for Consent Order rather than through formal Family Court proceedings.

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Appeal against Breastfeeding Orders

29 July 2015

In the matter of Jackson & Macek [2015] FamCAFC 114, a mother appealed to the Full Court of the Family Court against an order that she be restrained from breastfeeding an eleven month old child after having recently acquired a tattoo.

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Failed Attempt to Unbind a Binding Financial Agreement (BFA)

21 May 2015

In the recent case of Donald & Forsyth [2015] FamCAFC 72, considered by the Full Court of the Family Court of Australia, the Court held that one party to a Binding Financial Agreement (BFA) cannot claim they are no longer bound by the BFA simply because the other party decides not to be bound by part of it.

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