• Essential requirements of informal post-separation parenting plans

    It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.

  • Necessary legal requirements to establish separation

    For parties to a marriage who have made the decision to separate, there are a number of conditions that must be met in order to establish separation.

  • Confidentiality and the Independent Children’s Lawyer

    The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.

  • Family Reports / Expert Reports / Disclosure / Cross Examination

    There is a distinction between Family Reports and Expert Reports in Family Law proceedings.

  • The treatment of monies advanced to a party: gift or loan

    Family members commonly help out their adult children or grandchildren through the provision of financial assistance, and this is likely to continue during fraught economic times.

  • Making Changes to a Parenting Court Order

    When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.

  • What happens when a party passes away during Family Court property proceedings?

    Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party under s.79(8) of the Family Law Act 1975.

  • [Case Summary] The Treatment of Initial Contributions per Jabour & Jabour [2019] FamCAFC 78

    In the matter of Jabour, the Full Court of the Family Court of Australia dealt with property settlement orders made by the trial judge. The trial judge had divided the net non-superannuation assets 66% to the husband and 34% to the wife. The Full Court reassessed the division as 53% to the husband and 47% to the wife.

  • What happens should both parties pass away during Family Court property proceedings?

    The answer is simple, the Family Court has no jurisdiction to do anything when both parties pass away during Family Court property proceedings other than strike out the application.

  • Case Guardians in Family Law Proceedings

    Family law clients can develop situational mental health conditions because of the breakdown of their de facto relationship or marriage. In some cases, family law clients may have pre-existing health (including mental health) conditions that affect their ability to conduct their family law case. In both circumstances, it may be appropriate for a Case Guardian to be appointed to act on behalf of a person in a family law case.