Family Law

An injunction is an order of the court which prevents a person from doing a certain act or thing or requires a person to do a certain act or thing. In family law cases, a party may apply for an injunction either in relation to a parenting matter or a financial matter. Parenting matters  In…

An issue that frequently arises during property settlement proceedings is how to treat legal fees that have been paid by parties. Most commonly, this occurs in the context of one party arguing that paid legal fees should be notionally added back into the asset pool. This increases the size of the asset pool available for…

Prime Minister Scott Morrison last week announced that the government will convene a Joint Parliamentary Committee of both the House and Senate to conduct an enquiry into the family law system. The family law system has already been subject to two extensive reviews in the last two years. The Terms of Reference that have been…

In family law proceedings each party will normally be expected to bear his or her own legal costs. However, a court has a discretion to order one party to pay the costs of another party in some circumstances. It is important to consider whether such circumstances apply before applying for costs orders. When can courts…

In May 2019, the Federal Circuit Court of Australia decided an application to exclude video recordings made in secret from evidence in a parenting matter. The secret recordings had been made by the mother in the matter when the father was attending her home for hand overs of the children. There were also two audio…

In March 2019, the Full Court of the Family Court decided an application in the parenting matter of Mahoney v Dieter. The mother in the matter sought the variation of orders made by the Family Court Division of the District Court of New Zealand on the basis that there had been a change of circumstances…

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…