Stay sharp with the latest family law case insights. This space brings together real-world examples, commentary and practical takeaways from recent decisions in the Federal Circuit and Family Court of Australia.
From enforcement missteps to representation pitfalls, these case updates are a quick way to reflect, review, and refine your practice — so you can avoid the mistakes others make.
Leave to appeal refused even though the primary judge erred in treating s 90AF as a free-ranging power without first identifying a relevant proprietary interest. The error was immaterial because a conceded tracing claim supported
Full Court granted leave to appeal on the arguable question of whether the criminal standard of proof should apply to contravention proceedings under Part XIIIA that result in an order for imprisonment. The case turns
In a property settlement after a 20-year marriage, the appeal court held that the trial judge wrongly assessed each category of contribution separately and then added them together, rather than weighing all contributions holistically as
During enforcement of family law property orders, a solicitor was referred to the South Australian Legal Profession Conduct Commissioner after helping his client arrange borrowings that breached court orders, well beyond the limit the court
Unfortunately, as a result of delays in finalising matters, there will often be circumstances where one party has remained in the family home since separation whilst the other party has paid rent elsewhere. This is
Child support can be a minefield for even the most seasoned of practitioners and whilst we are not often required to provide representation before the Administrative Review Tribunal (ART), clients will often seek assistance in
The rise in prescriptions for medical cannabis can pose significant challenges in parenting proceedings for whilst the prescription may make it legal to consume cannabis it doesn’t negate the possible impact upon that parent’s conduct
Applications for nullity of a marriage are not very common in Australia. More often than not they are for religious reasons such as wanting to remarry where the person’s faith does not permit marrying in
Prior to March 2004, it was the usual process for parties to each retain a valuer, whether it be for a business, the family home or any other asset that required valuing. If there was
Although strictly speaking it is not a ‘costs jurisdiction’ Costs Orders are often made where the circumstances warrant doing so, such as where a party’s conduct has lengthened proceedings or a party has continued to
Adoption proceedings are not common. Blended families are very much the ‘norm’ and have been for many years but there can sometimes be compelling reasons for seeking an Order for adoption. However, even where one
Unfortunately, the penchant for appeals is not solely confined to self-represented litigants. Practitioners should not expend costs opposing technical filing arguments where the substantive impact on their client is negligible.
Where a party has exhausted multiple avenues of appeal, including an unsuccessful application for special leave to the High Court, and then fails to participate in the final hearing of their own volition, a subsequent
A Notice of Appeal where the applicant fails to file written submissions and instead makes oral submissions about perceived bias, is unlikely to survive a show cause hearing. Grounds of appeal must actually address the
Meint & B Pty Ltd — If a party’s application seeks orders that infringe the rights of an intervener or directly contradict a shareholders agreement, that party should withdraw those defective parts promptly when invited
Meint & Lyall — A single expert report that fails to engage with the terms of a shareholders agreement will carry limited weight where other shareholders hold the power to set the sale price of
Frost & Frost (No 2) — Where a father poses an unacceptable risk of harm to a child, the Court will order no time even where supervised time is sought, and family violence will be
The first was a Division 1 First Instance decision of His Honour, Schonell J, on
22 December 2025 where the applicant wife/mother filed an Application in a Proceeding seeking to discharge the jointly appointed
Whilst it is not unusual for a parent to want to revisit Orders that they are not happy with, and such attempts do not appear to have abated since the introduction of section 65DAAA to
In any initial advice conference with a prospective client it is imperative to determine if that client has left it a little late and leave may be required to commence proceedings. If that is the
