Skip to main content

Family Law Education Network

Tag: Appeal Allowed

Evelyn & Kozel [2025] FedCFamC1A 171

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 are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

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 and interests can be included in the pool for adjustment.

| Read More

Evelyn & Kozel [2025] FedCFamC1A 171

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 are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

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 and interests can be included in the pool for adjustment.

| Read More