Major amendments to the Family Law Act 1975 (“the Act”) were passed by the Commonwealth Parliament on 19 October 2023 (“the Amendments”). The Amendments have not yet come into effect but are expected to roll out imminently.

Trusts can be a powerful tool for preserving and distributing family wealth. The Owies Family Trust, with its generous asset base and complex beneficiary structure, appeared to be a model of financial planning. However, the estrangement of key family members in 2011 set off a chain of events that challenged the very essence of trust law.

Handy Hints about family law. Find links here to useful information. [...]

Common questions answered about family law. Find links here to useful information. [...]

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.

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.

Andrew Davies examines the tensions that can arise between administrative tribunals and family courts in incapacity matters.

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.

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

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.