News

For the last few years significant light has been shed on the current Family Law system and its overall effectiveness as a mechanism for determining Family Law disputes in a way that is timely, cost-effective and attuned to the needs of litigants and their children. Between October 2020 and November 2021, the Joint Select CommitteeRead more

Often Family Law property matters involve legal disputes which extend to third party creditors of one or both parties. A creditor is someone that is owed money. A classic example we often come across is when a parent of a party “loans” their child or their child’s spouse, or both of them jointly, money duringRead more

As from, 1 September 2021, the Federal Circuit Court and the Family Court of Australia has officially been merged in to the one Court, the Federal Circuit and Family Court of Australia. This new Court means a new system of case management, one set of documents for use in Family Law matters and one setRead more

When parties to a de facto or marital relationship separate, there are often a number of issues which must be considered, discussed and decided. One issue which often becomes the subject of Court disputes following the breakdown of a relationship is the interstate and international relocation of children. Parents may choose to relocate for aRead more

In March 2015 the Federal Circuit Court set aside two Agreements that had been entered into by Ms Thorne and Mr Kennedy both before and after their marriage. Mr Kennedy was a 67 year old Property Developer with assets of somewhere between $18 to $24 million dollars. He met Ms Thorne on an internet website.Read more

What is full and frank disclosure in Property Matters? Full and frank disclosure by both parties to a family law dispute is a legal requirement governed by Reg 13.04 of the Family Law Rules 2004 and Reg 24.03 of the Federal Circuit Court Rules 2001. These rules ensure that both parties are fully aware ofRead more

Ban on Breastfeeding Overturned on Appeal – Family Court A Newcastle Federal Circuit Court Judge’s decision to prevent a mother from breastfeeding her 11 month old child has been unanimously overturned on appeal to the Full Bench of the Family Court. The trial judge had placed an injunction on the mother preventing her from breastfeedingRead more

Despite changes to the law in 2010, intended to make financial agreements binding in the face of technical flaws in their construction, it continues to be a complex and ambiguous area of family law. Financial agreements were intended to provide certainty in sorting out property and spousal maintenance disputes should a couple separate. But almostRead more

Do I get an adjustment for “Special Skill”? The full Court in Kane v Kane has decided that there is no separate doctrine of special contribution or special skill that should be looked at separately but the Court should look at that aspect in context of balancing contributions generally. Kane v Kane involved a 29Read more

Who owns assets purchased in a partner’s name has recently been considered Higashida v Sarto (2014) NSWSC 1291 in that case the Plaintiff, Mr Higashida and the Defendant Ms Sarto had been in relationship from about 2010 to the end of 2013. The Plaintiff had separated from his wife but not yet resolved family lawRead more