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.
The Court has declared that provisions of a financial agreement dealing with property on the breakdown of a marriage were of no force or effect where the parties reconciled and remained married until the husband’s
The Court has ordered an unmarried father to contribute towards the mother’s childbirth maintenance and pregnancy-related medical expenses under s 67B of the Family Law Act, including costs associated with IVF, an egg donor and
The Full Court has dismissed a father’s appeal against property settlement orders following the breakdown of a de facto relationship involving three children, providing important guidance on the treatment of post-separation depletion of the property
The Court has allowed an appeal arising from property settlement proceedings following a 23-year de facto relationship involving a net asset pool of approximately $7.36 million. Although both parties had advanced a single global assessment
The Court has allowed a mother’s appeal against property settlement orders that awarded her just 10.5% of a net asset pool of approximately $3.48 million following a relatively short de facto relationship. Although the father
The Court has refused a father leave to appeal a harmful proceedings order made under s 102QAC of the Family Law Act, following family law proceedings that had generated approximately 492 filed documents and 31
The Court has ordered a graduated progression of time between a father and his 14-year-old son after the child ceased spending time with him more than two years earlier, following a long period of successful
The Full Court has dismissed a husband’s appeal against orders equally dividing a property pool of more than $128 million, the bulk of which consisted of his shares and options in a United States technology
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.
