Family Law

On 19 June 2019, the High Court handed down its decision in the matter of Masson v Parsons. The case concerned whether a man engaged as a sperm donor was a parent within the meaning of the Family Law Act. Mr Masson had donated sperm to a lesbian mother on the understanding that he would…

Family trusts are a structure frequently used to arrange the financial affairs of a family. They provide many benefits, particularly in tax planning and estate planning. A trust has an appointed trustee, who is a legal owner of any assets held in the trust and who holds and manages assets on behalf of the beneficiaries.…

Family law appeals are relatively uncommon. However, appeals are a vital part of the legal system to ensure that matters are decided according to the law and that judges exercise their discretion appropriately. An appeal may be the only means to seek to remedy an unfavourable judgment. For those with an unfavourable interim result, an…

The cross-examination of survivors by perpetrators of family violence will soon be banned in family law proceedings. The ban, which comes into effect in September 2019, will apply in certain circumstances where allegations of family violence have been raised. The ban was introduced with the passing of the Family Law Amendment (Family Violence and Cross-examination…

Before the Family Court or Federal Circuit Court can decide how best to finalise the financial arrangements between parties following the breakdown of a relationship, it must have all relevant information as to the parties’ financial circumstances. Each party to a Family Court proceeding is required to provide the other parties with all documents which…

In recent years the family courts have seen a significant rise in the number of cases where parents are exposing children to potential harm by consuming or being under the influence of illicit substances. Where there are allegations of drug abuse in a parenting matter, orders will often be made that the party submit to…

A recent decision handed down by the Federal Circuit Court examined the question of whether the court ought to make property orders after a de facto relationship of less than two years duration. The 2019 decision of Adesso v Payton concerned a 14-month relationship between a pilot and a woman who was unemployed while caring…

Under Section 131 of the Evidence Act, communications between parties made in the course of negotiating a dispute are privileged. This means that such communications are not admissible as evidence in any family law proceedings that may arise. However, the act provides a number of exceptions to this rule where not admitting such a communication…

Section 90B of the Family Law Act sets out the circumstances in which a written agreement made by parties contemplating marriage is a binding financial agreement. In the recent case of Graham v Squibb, the Family Court considered the situation where parties had purported to make such an agreement but had not complied with the…

The time of year when most of us are engaged in buying gifts for family and loved ones has just passed. Sometimes these gifts will be small such as a nice bottle of wine but sometimes they are generous gifts, like money for the deposit on a house, or a car. This article discusses how…

An issue which can arise after separation is what happens in the event of the death of a party to the relationship before there is a final distribution of property, either by agreement or by court order.  If neither party has commenced legal proceedings and one party dies, the law to be applied will be…

A subpoena is a form of summons issued by the court at the request of a party to legal proceedings requiring a person to produce certain documents and/or give evidence for the purposes of a trial. Subpoenas are generally required to be personally served on the named person either in their personal capacity or on…

In accordance with the Family Court’s pre-action procedures and the Family Law Rules 2004, all parties to a family law dispute are required to make full and frank disclosure of information and documentation relevant to the matter. The duty to disclose in family law applies in both parenting matters and financial disputes. The duty to…

A caveat is a formal notice or warning issued against the title of a property. In Western Australia, caveats are registered at Landgate, which is the titles office responsible for recording all dealings and interests regarding Western Australian land. Caveats cannot be placed on personal property but only on real estate. The purpose of a…

Christmas comes loaded with emotion. The kids love the thought of Santa and gifts, unwrapping presents, food and staying up late. The parents love the kids loving Santa and gifts, unwrapping presents, and catching up with friends and family and food and drink and too much of all of those, and even when Aunty Maria…

When thinking about how a personal injury payout should be treated in a property settlement, courts apply the principles of family law while simultaneously taking into account the principles relevant to personal injury law. Section 79 of the Family Law Act gives the court the power to make orders altering the interest of the parties…