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 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
Daalman & Daalman [2025] FedCFamC1A 33 was an appeal from a decision of a Div 2 Judge. Orders had been made in the lower proceedings in the absence of the appellant wife, dismissing her Application
This was a decision of His Honour, Austin J, where the Appellant mother sought to appeal the refusal of an adjournment application made part way through the trial of the substantive proceedings. The mother had
Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant
This was another attempted appeal from a Magistrate (Magistrates Court of Western Australia) and involved a s65DAAA matter. It was heard by His Honour, Austin J, and Judgment delivered on 14 March 2025.
This was an appeal before Schonell J from a decision of the Magistrates Court of Western Australia (Magistrates Court), with Judgment delivered on 7 March 2025. It was somewhat strange because the proceedings in the
This matter involved a female child, X, who was 13 years of age at the time of the hearing in November 2024. X lived in Melbourne with her father and stepmother whilst the mother lived
This was the final hearing of a matter with a long history before the Court and, as such, was Judgment number six. It involved a female child, X, who was 14 years old at the
If you have followed the social science research publications and related case law over the years you will be familiar with the concept of young children, especially those not yet of school age, not spending
As legal practitioners we are always judged on our conduct, whether it be with our clients, other practitioners or, more seriously, the Court. We are human and bound to err at some point in our
Proceedings for an adjustment of property interests where the parties were married must be commenced within 12 months of the granting of a Certificate of Divorce (s44(3B)(c)) or within two years of separation for de
Spousal Maintenance is possibly one of the most expensive applications in terms of legal costs and often commented upon by Judicial Officers as the cost being higher than the gain. One such saga played out
In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result
