Pre-action procedures before filing in the Federal Circuit and Family Court of Australia
Before taking your property or parenting issue to court, you must fulfil family law requirements known as the “pre-action procedures”. … Read more
Family Law
Including amicable and litigious property and children’s matters
GIFTS AND LOANS IN FAMILY LAW
It is becoming increasingly common for parents (and other family members) to give de facto or married partners financial support … Read more
Major family law reforms passed in October 2023
On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family … Read more
You should have settled! The role of Calderbank Offers
Settlement is when the parties reach a resolution and decide not to take the matter to litigation. A party can … Read more
Special skills v non-financial contributions – the “You Have Done Nothing” argument
In many relationships, partners adopt what are seen as “traditional” roles: one party works and brings in income and one … Read more
What is Family Law Arbitration?
Family law litigation is a time-consuming and expensive process. Two years can elapse between the commencement of litigation and the … Read more
Resulting Trusts
What is a constructive trust? Unfortunately, an all-encompassing definition is not possible, and constructive trusts have variously been criticised as … Read more
Non Compliance with Federal Circuit and Family Court Orders
Family court orders non compliance (also known as breach of family court orders) is a serious offence. What is non … Read more
Family Law Property Settlements and Cryptocurrency
When a couple separates in Australia, assets such as the family home, cars, shares, investment properties, and superannuation are divided … Read more
How does an ADVO (made in NSW) affect parenting orders?
Parenting orders generally require separated parties to co-operate around sharing the care of children. They may require contact between parents … Read more
