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.
Litigants often feel deflated, that the Judge didn’t like them, that it’s just not fair! Unfortunately, sometimes they are correct but when is it appropriate to make an application for a Judge to recuse him/herself?
In Joustra & Schuman [2025] FedCFamC2F 1478 Her Honour, Judge Suthers, determined an application brought by the Father for essentially a reverse of primary residence. There were existing final parenting Orders made in 2023 providing
In Bello & Opeyemi [2025] FedCFamC1A 179, the Father sought to appeal final parenting Orders made in December 2021 in respect of a then five-year-old child. The Orders provided for only supervised time between the
What is the correct venue? For most disputes involving parenting arrangements or property proceedings the correct venue will be the FCFCoA in either Division 1 or 2 however, in some circumstances that may not be
Limitation dates in property matters
Missing a limitation date can be fatal and such enquiries should be foremost in one’s mind when taking initial instructions. If the parties were married then whether or not they
With the use of Artificial Intelligence (“AI”) on the rise it is imperative that if is used in proceedings it is so used with great caution. Although the case of Helmold & Mariya (No 2)
Harmful Proceedings Orders are being made more often it would seem and also in property proceedings, as opposed to parenting matters. In the case of Vaughan (No 2) [2025] FedCFamC1A 159 His Honour, Schonell J,
When entering into Consent Orders it is important to consider those Orders very carefully, especially any flow on effects. In Palmisano & Angelov [2025] FedCFamC1A 166, a decision of His Honour, Austin J, considered an
Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge
The decision of Anderson v Child Support Registrar [2025] FCA 1022 was heard and determined in the Federal Court of Australia, it is relevant to the practise of family law as it relates to both
Padgett [2025] FedCFamC1A 140 involved proceedings in both the Magistrates Court of Western Australia and the Family Court of Western Australia where a ‘Harmful Proceedings’ Order had been made against the Applicant, Ms Padgett. Prior
Appeals in Western Australia – 11/08/2025
The creation of the then Family Court by the passing of the Family Law Act, 1975, required each of the states to refer their governance of ‘matrimonial causes’ to
The decision in Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137 involved a consideration of addbacks post the June 2025 amendments to the Family Law Act (‘FLA’). The matter came before His Honour, Schonell J,
Addbacks in property settlement matters had been a part of our landscape for some time. Indeed, a pro forma Balance Sheet that specifically allowed for addbacks was created for use in the then Family Court
At a time when family violence is foremost in our minds and there have been many changes to the legislation to recognise the impact of family violence it seems unusual that a Division 2 Judge
There are times when the Court makes Orders that are not in fact enforceable. That was the situation in Zyma & Begum (No 2) [2025] FedCFamC1A 109, an appeal before Justice Christie from Division 2
The Division 2 case of Amiti & Vata [2025] FedCFamC2F 476 involved two children aged approximately 10 and six by the time of the proceedings in early 2025. The parties had, in fact, been separated
The matter of Catlin & Catlin [2025] FedCFamC1A 110 was an Appeal filed by the husband in respect of the enforcement of property settlement Consent Orders, made on 22 July 2016. As at the date
This was a judgment from one of our more recent Division 2 appointments, Judge Colquhoun. Her Honour had made property settlement Orders on 7 February 2024 (“the 2024 Orders”) however, the parties were now in
The Full Court confirmed that addbacks are no longer permissible in the traditional sense. Following the commencement of the Family Law Amendment Act 2024, section 79(3)(a)(i) now mandates that only existing legal and equitable rights
