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Family Law

23 articles on Family Law from the McCarthy Durie team.

A big year of change - Updates to Family Violence in Family Law
December 2025

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
December 2024

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
June 2024

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
April 2024

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
February 2024

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
September 2022

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?
August 2022

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
July 2022

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
May 2022

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
February 2022

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
February 2022

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
February 2022

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)
February 2022

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
February 2022

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?
February 2022

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
December 2021

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
October 2021

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
August 2021

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
August 2021

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?
April 2021

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?
November 2020

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
April 2020

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

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How do I get my fair share of our property?
July 2019

How 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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