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Family Law

15 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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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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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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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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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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