A big year of change - Updates to Family Violence in Family Law
2025 has brought with it several significant updates to the Family Law Act 1975 (the “Act”). The updated primarily impact property settlement and spousal maintenance in Part 8 of the Act. This article covers amendments to the definition of Family V
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Family Law 101s: The Devil’s in the detail – getting your Consent Order done right
by Daniel Ulaszyn We’re fierce advocates for striving to obtain a property settlement by consent and avoiding the need to go to Court. We believe the best way to make the property settlement legally binding is through a Consent Order – it’s an Order
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Family Law 101s: The Devil’s in the detail – getting your Consent Order done right | PROPERTY POOL
By Daniel Ulaszyn We’re fierce advocates of striving to obtain a property settlement by consent and without going to Court. We feel the best way to make the property settlement legally binding is through a Consent Order – it’s an Order of the Court,
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Family Law 101s: The Devil’s in the detail – getting your Consent Order done right | SUPER
By Daniel Ulaszyn We’re fierce advocates of striving to obtain a property settlement by consent and without going to Court. We feel the best way to make the property settlement legally binding is through a Consent Order – it’s an Order of the Court,
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Family Law 101s: The Devil’s in the detail – getting your Consent Order done right | HOUSE TRANSFER
By Daniel Ulaszyn We’re fierce advocates of striving to obtain a property settlement by consent and without going to Court. We feel the best way to make the property settlement legally binding is through a Consent Order – it’s an Order of the Court,
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6 weeks to go! Don't miss the parenting arrangement deadlines for this Christmas
11 November 2022 cut-off date It’s time to make sure that you put in place your parenting arrangements for the Christmas period and December/January school holidays. The cut-off date to file court applications this year is 4.00pm on Friday 11 Novem
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Why should I formalise my Family Law agreement?
by James Halliday If a relationship breaks down, the best approach the parties can take will include maintaining a ‘working relationship’ in order to amicably reach an agreement. This will allow the parties to save substantial financial and emotiona
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Family and Domestic Violence / FDV Leave
A landmark decision has been handed down by The Fair Work Commission providing Australian workers with an entitlement to 10 days paid family and domestic violence leave. What is family and domestic violence? Domestic violence is defined in the Dome
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QLD Government to introduce a new offence to criminalise coercive control
By James Marmin In December 2021, the first Report “Hear Her Voice” was released by the Women’s Safety and Justice Taskforce. This Taskforce, chaired by the Honourable Margaret McMurdo AC was established to examine the impact of coercive control in
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Federal Circuit and Family Court of Australia: Pre-Action Procedures
By James Marmin In September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged to form the new Federal Circuit and Family Court of Australia (“FCFCOA”). There were a range of motives for the merge, all with the un
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Enforcing Compliance with Family Court Orders
By James Marmin and James Halliday Sometimes in Family Law matters, a party will not comply with the orders which have been made. Unfortunately, this can be a common occurrence in Family Law and can take a further emotional toll on the complying par
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Deciding Who Keeps the Family Pet in Family Law Matters
By James Marmin A relationship breakdown can be an extremely stressful and emotional time for all parties involved. A pet is often referred to as a member of the family and for many people, the bond they share with their pets can be compared to that
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Australia Opens up: - Are you concerned about your child being taken overseas? (The Airport Watchlist)
by Jasmine Evans On 21 February 2022, the International Borders opened for all overseas travellers who are fully vaccinated and have had two doses of a vaccine permitting entry into all States and Territories, except Western Australia who are due to
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THE COVID-19 LIST – A DEDICATED LIST FOR DISCRETE ISSUES ARISING FROM THE PANDEMIC
By James Marmin In our third year of dealing with COVID-19, the pandemic continues to impact separated families. We have seen disputes arise with respect to vaccinations of children, interstate travel, overseas travel and general compliance with Ord
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Exclusive Occupation – Can I stay?
By James Halliday and James Marmin The breakdown of a relationship can be an immensely stressful time for all the parties involved. One of the main stressors through this process can be the former matrimonial home and namely, who is to continue resi
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Escaping Domestic Violence Payment
Victims of domestic and family violence may be eligible for the Escaping Violence Payment provided by the UnitingCare Australia. The Escaping Violence Payment is available for Australian citizens over 18 years of age who have experienced family viol
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Deadline for Applications to Court about parenting arrangements for Christmas
Christmas can be a difficult time for families, particularly for separated families who cannot agree about the parenting arrangements for the children over the Christmas holidays. The Federal Circuit and Family Court of Australia deadline for applic
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Contravention Applications in Property and Parenting Matters
During the course of proceedings in the Federal Circuit Court and Family Court of Australia issues relating to the non-compliance of Orders may arise. The Family Law Act 1975 (Cth) (“The Act”). Given the different nature of property and parenting mat
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New changes to the QLD Government Restrictions for Parenting Arrangements during August lockdown
New changes to the QLD Government Restrictions for Parenting Arrangements during August lockdown During previous Queensland lockdowns, parents and children have been permitted to travel between households to facilitate time arrangements. The Restrict
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Spousal Maintenance: Do you need to pay?
CAN I REQUEST, OR DO I NEED TO PAY, SPOUSAL MAINTENANCE?Parties who have experienced the breakdown of a marriage and are navigating the landscape of resolving property settlement matters often encounter issues relating to Spousal Maintenance. That is
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ARE INHERITANCES IN OR OUT OF THE PROPERTY POOL?
ARE INHERITANCES IN OR OUT OF THE PROPERTY POOL?It can often be a point of contention between parties involved in a family law dispute as to how inheritances should be treated, particularly when they are received post-separation.The recent decision o
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Self Isolation and Family Law | Important considerations
During times of crisis we see an increase in Family Law enquiries, and the past month with the Covid-19 pandemic has been no different, but WHY?There are several reasons for this, including increased stress on households and concerns in relation to t
Read more$100 million for reducing violence against women and children
The Federal Government has allocated more than $100 million to the Second Action Plan to Reduce Violence against Women and their Children over a four-year period. The plan has the full support of all…
Read moreThe cost of divorce and relationship breakdowns is increasing
The cost of divorce and family breakdowns to the national economy is more than $14 billion each year, according a recent News Corp analysis. The News Corp analysis looked at information available…
Read moreHow can divorce affect retirement plans?
Retirement is normally seen as a person's golden years - when they get to kick back and relax after a life of hard work. However, the transition to retirement can also be a stressful one, with people…
Read moreWhat to know about family dispute resolution
In parenting matters it is compulsory for the parties to attempt to resolve any dispute through Family Dispute Resolution with a registered Family Dispute Resolution Practitioner prior to commencing…
Read moreDo you understand how spousal maintenance works?
Going through a separation is a tough process for everyone involved, especially when it comes to financial issues. One area in particular which individuals need to understand is spousal maintenance.…
Read moreDo I have to pay for my children's private school fees after a divorce?
The question of what child support you have to pay after divorce is not clear cut. According to the federal government's Social Security Appeals Tribunal, the cost of educating a child is a common…
Read moreWhat Queensland’s New Domestic and Family Violence Laws mean for you
Proving family violence in court is notoriously difficult, due to the domestic and isolated nature of the offence. However, it's important to note that courts do not place as much emphasis on…
Read moreCan I protect my assets if I get married?
Marriage is a major part of Australia's social fabric. But did you know that getting hitched should also change the way you approach asset protection? McCrindle Research reports that there are nearly…
Read moreWhat you need to know in a domestic violence situation
How our Family Law team can help Dealing with a domestic violence situation is one of the most harrowing experiences you may ever have to go through. Enduring abuse – physical or otherwise – from a…
Read moreOptions for your home after separation
What you can do if your ex's partner is living in your former home When your relationship ends, one of the hardest things to deal with is seeing your partner move on to a new relationship, especially…
Read moreFiguring out child custody in a divorce can be challenging
Legal battles over child custody are often extremely difficult. If you're entering one, a good lawyer can help you resolve it. Getting divorced is one of the most difficult things that you may have…
Read moreHow much of my assets will my wife get if we separate?
What you need to know about dividing property after your separation Whether you have been married or living in a de facto relationship, whether you have been together for only a couple of months or…
Read more3 things you need to know about superannuation splitting
If you're going through a relationship breakdown, or you’re considering your options for separation, you’ll no doubt have many questions about how your assets will be split between you and your…
Read moreWhat you can do if your partner is abusive
Steps you can take to keep yourself and your family safe If your partner is abusive or violent, you are not alone. You can get help. Your immediate priority is getting out of a dangerous situation,…
Read more5 things to know about asset splitting after a separation
Asset splitting after marriage separation can be a difficult and stressful process. But when you understand your options, as well as some important legal requirements, you can help to make the…
Read moreSeparation and de facto property orders
An interesting case regarding de facto relationships A recent case involving a same-sex couple who had been living de facto for 27 years will be of interest to anyone coming out of a de facto…
Read moreCan I stop my husband seeing the kids?
During a separation or divorce, it’s understandable that both parties can become fixated on past grievances. In some cases, these issues can play out in custody battles. However, it’s important to…
Read moreIf I'm not married, can I still see my kids after separation?
Children's matters can be some of the most complex and fractious issues in law, which is why Australia has a two-tier system. When it comes to our children, we can become fired up if a family dispute…
Read moreWhen should I start talking to a lawyer about separation?
Why you should take action early in your separation As a major life event, separation turns everything on its head. And while the emotional toll is usually evident, the financial impact is not…
Read moreLife satisfaction takes a hit post-separation
New research shows the long-term impact of separation Couples who divorce or separate are likely to find the emotional effects persist for many years, new research shows. The Australian Institute of…
Read moreIs your post-separation inheritance and property safe from your former partner?
Tips on what’s included in the property pool If you are separating from your spouse or partner and either of you have come or are coming into an inheritance since separation, then it may be included…
Read moreHow do I get my fair share of our property?
Maintaining your lifestyle after separation If you’re taking the difficult step of thinking about separating from your partner, one issue that is sure to be top-of-mind is your finances.If your partner has been the one in control of the family finan
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