From 19 October 2021, women escaping a violent relationship will have access to a one-off payment of $5,000....
Before filing a parenting proceeding, parties are required to obtain a certificate from a registered Family Dispute Resolution Practitioner (“FDRP”) before commencing a proceeding in the Federal Circuit and Family Court of Australia. However, there are limited circumstances in which a certificate will not need...
A court may make a cost order that requires a legal practitioner to personally pay an order for costs. Cost orders against legal practitioners in family law can occur in circumstances where one party has incurred costs because of:- Failure to comply with the Rules; orFailure to...
As a general rule, there is a requirement for parties to a financial family law dispute to make a genuine attempt to resolve the dispute before taking the step of commencing Court proceedings. Parties will generally be seen to be making a genuine attempt to...
The new Rules provide that as of 1 September 2021, there is no general right to file Affidavits. Rule 8.13 states that a party may file an Affidavit without the leave of the Court only if a provision of the Rules or an order of...
The new case management pathway is designed to progress matters through the Court as quickly and fairly as possible with the intention of having as little impact on the families and children as possible. Identifying risk and safety at the commencement of the case is focused...
It has always been the case that all parties to a proceeding have an obligation to make full and frank disclosure of all information relevant to the issues in dispute in a timely manner. However, it is now a requirement that each party discloses documents...
Gone are the days where offers could be made and received in a vacuum in property matters. With the new Rules of the Family Law Courts coming into effect, each time an offer is made throughout a property settlement case, each lawyer must, in accordance...
A Family Report is a document written by a family consultant (being qualified social workers or psychologists) who have been appointed by the Court in family law parenting matters. Although, parties are at liberty to obtain an expert’s opinion to assist with negotiations about parenting...
Surrogacy laws differ in each State and Territory of Australia, but commercial surrogacy is illegal Australia-wide. If you have a medical or social need to enter into a surrogacy agreement, the agreement you enter must be altruistic. Altruistic surrogacy agreements are not legally enforceable and...
