Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 7 min read
Family Law Act reforms: An important moment for ICLs
Changes to the Family Law Act will come into effect on 5 May 2024. There’s a new mandatory requirement for independent children’s lawyers to meet…
By Alexandra Colquhoun - 7 min read
Is it safe enough? Changes to the Family Law Act
A critical analysis of the significant reforms intended to help simplify a complex family law system.
By Gabrielle Craig and Amy Power - 7 min read
Corporate structures and complications in family law settlements
When dealing with family law settlements, practitioners should obtain expert advice on corporate structuring and how to divide property in a tax effective manner.
By Niki Schomberg and Rachell Davey - 8 min read
Busting the trust: Property under section 79 Family Law Act
It is uncertain when a court will find a spouse’s bare rights under a discretionary trust are capable of constituting property under s 79.
By Farid Assaf SC - 7 min read
Understanding coercive control: Recent Family Law jurisprudence
Reforms criminalising coercive control are expected to commence mid-2024.
By Alexandra McCosker - 9 min read
Duel to the death: De facto relationships and disputes over inheritance
Spouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.
By Jennifer Vuu - 9 min read
‘Best practice’ when acting for spouses in property transactions
When acting for married couples in a property transaction, it’s best to obtain instructions from both clients even if one spouse is more proactive.
By Rebecca Mostyn - 5 min read
Removing the stigma: Access to family and domestic violence leave
Family and domestic violence leave aims to provide victims of family and domestic violence financial stability yet many are unaware of its existence.
By Kayte Lewis - 7 min read
Addressing a ‘critical’ need in family violence matters
Family law practitioners should be aware of the new Critical Incident List which manages cases where a non-parent carer seeks parenting orders in narrow circumstances.
By David Gale - 5 min read
Discharging an independent children’s lawyer: what does the case law say?
The Act does not set out circumstances where discharge of an Independent Children’s Lawyer may be warranted, rather this has developed from the case law.
By Alexandra McCosker - 6 min read