Family law: September 2026
Key family law developments address parenting orders, foreign stocks and shares as property, property adjustments and companion animals.
By Craig Nicol and Keleigh Robinson - 1 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 - 2 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 - 2 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 - 3 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 - 2 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 - 2 min read
High Court rules on what constitutes ‘breakdown’ of a de facto relationship
The High Court held the objective conduct of the parties needs to be examined when determining whether a de facto relationship has broken down.
By Jaimi-Lee Gardiner - 2 min read
A vaxxing issue: parenting disputes over vaccination of children against Covid-19
In parenting disputes regarding whether to vaccinate a child against Covid-19, a primary consideration is whether the decision will be in the child’s best interest.
By Amy Power and Madeleine Causbrook - 2 min read
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 2 min read
Representing the child’s best interests: The role of the Independent Children’s Lawyer
The role of the Independent Children’s Lawyer largely revolves around facilitating the participation of the child in proceedings, gathering evidence and case management.
By Alexandra McCosker - 7 min read
A client-friendly explanation of the merged Family Court
This newly merged court intends to create a more streamlined approach to litigation and significantly reduce wait times for litigants.
By Cassandra Banks - 2 min read