Pre-nup, post-nup and everything in between
Binding Financial Agreements (“BFA”), colloquially referred to as pre-nuptial or cohabitation agreements, have been able to be entered int...
19 April, 2023
News
Smarter Way to a Family Law Resolution
In most cases the most effective way to a resolution is to be proactive and seek alternate pathways....
10 July, 2022
Federal Circuit and Family Court of Australia filing fees
As of 1 July 2022, the Federal Circuit and Family Court Order Gold Coast, Australia filing fees are changing, including: – Application for ...
01 July, 2022
CO-PAWRENTING
Australia does not have any legislation that specifically determines what happens to pets following separation of co-owners....
21 May, 2022
Child Protection Orders
A Child Protection Order is a direction from a Court requiring or authorising someone to do or not do something, such as giving CSS the custody or gua...
30 March, 2022
The Court’s Discretion on Inheritances
In family law, people often have the misconception that an inheritance is excluded from the property pool. In fact, the Court can exercise their discr...
24 March, 2022
Specialist Lists
One way the Federal Circuit and Family Court order Gold Coast Australia is attempting to alleviate delays and costs for parties to family law Gold Coa...
18 March, 2022
HECS (HELP/Student Loans) in Family Law Matters
There is no hard and fast rule regarding how a HECS debt (HELP/Student Loan) will be treated in a family law property settlement Gold Coast. There are...
01 March, 2022
Federal Circuit and Family Court of Australia Rules 2021 (Cth)
The new Federal Circuit and Family Court of Australia Rules 2021 (Cth) (the “Rules”) rely heavily on dispute resolution to achie...
23 February, 2022
Costs notices – pre-Court event
Part 12.3 of the recently commenced Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“the Rules”) imposes stringent obligati...
19 February, 2022
Escaping Violence Payment Trial
From 19 October 2021, women escaping a violent relationship will have access to a one-off payment of $5,000....
08 November, 2021
Filing of Family Dispute Resolution Certificates
Before filing a parenting proceeding, parties are required to obtain a certificate from a registered Family Dispute Resolution Practitioner (“FD...
02 November, 2021
Cost Orders Against Lawyers
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 fami...
26 October, 2021
Pre-action Procedures Property
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...
18 October, 2021
No general right to file Affidavits
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 w...
13 October, 2021
Case Management Pathway
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 li...
08 October, 2021
Pre-Court Disclosure and Undertaking as to Disclosure
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 i...
06 October, 2021
Rule 12.05
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 eff...
27 September, 2021
Family Reports
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...
20 September, 2021
Surrogacy in Queensland
Surrogacy laws differ in each State and Territory of Australia, but commercial surrogacy is illegal Australia-wide. If you have a medical or social ne...
13 September, 2021
I’ve told me partner that I want to Separate…. but what now?
Any separation is incredibly difficult, however, finalising parenting arrangements and property settlements do not always need to be drawn out and exp...
06 September, 2021
My child has been taken from me – what can I do?
Under the Family Law Act, if your child has been unlawfully taken away from you, you can apply for a Recovery Order. A Recovery Order is an Order of t...
30 August, 2021
Court Merger
On 18 February the Australian Parliament passed legislation to merge the Family and Federal Circuit Courts into a single Court with two Divisions. Wha...
23 August, 2021
Contravention Orders
Once Orders have been made by the Court, parties to the Orders are required to follow them. In circumstances where the Orders are not followed, you ha...
16 August, 2021
Co-parenting arrangements during lockdown
Okay, so I know I can cross borders for changeovers, even hard borders, but what happens during lockdown? Good question! Lockdowns are still parenting...
09 August, 2021
Are you Entitled to Domestic Violence Leave?
Pursuant to the Australian National Employment Standards (NES), all employees are entitled to up to 5 days unpaid family and domestic violence leave e...
09 August, 2021
I am suspicious about my ex-partner’s disclosure – what should I do?
The duty of disclosure is your obligation to provide, to the other party and to the Court, information about your financial position and copies of all...
26 July, 2021
Marriage regret: Nullity vs Divorce
Separation can leave parties wishing they never got married in the first place. Whilst a marriage cannot simply be undone, there are Court pathways to...
19 July, 2021
Parenting matters and COVID border issues
With border blockades back on the agenda for most states with the NSW COVID outbreak, we wanted to confirm to everyone that an exemption for travel ha...
12 July, 2021
Superannuation – how much do they have?
The superannuation guarantee in Australia means that for many employed Australians, superannuation interests will accrue even where their other person...
28 June, 2021
Can I change my parenting Orders?
Generally speaking, parenting Orders will remain in place and enforceable unless the parties to the Order enter into a subsequent parenting plan or fu...
19 June, 2021
Separation Under One Roof
When two parties separate, it is not uncommon for them to remain living under the same roof. Whilst you are not living separately and apart, this does...
15 June, 2021
Suffering from Domestic Violence? Here’s what you can do.
Domestic Violence is governed differently from state to state, however all centre around ensuring there is provisions in place wherein the perpetrator...
12 June, 2021
Family Law Arbitration
Parties have the option to progress their matter to arbitration, which can expedite final resolution in a fraction of the time as if the matter had pr...
07 June, 2021
Your child’s wishes in parenting disputes
The children’s wishes are one of the many factors the Court must consider when they are determining what parenting orders are in a child’s best in...
04 June, 2021
Parenting Order Breaches
When a Parenting Order is made, each party affected by the order must comply and follow it. If a party does not attempt to comply or deliberately fail...
18 March, 2021
Your right to property
Whether it be a marriage or de facto relationship, determining how to distribute your property and assets after a relationship breakdown can be stress...
09 March, 2021
When should I seek legal advice?
The earlier you seek legal advice after a separation the better. If legal proceedings are to be commenced, the more time your lawyer has to prepare fo...
03 March, 2021
Caveat
Improperly registered caveats are fertile ground for litigation and costs being awarded against parties wrongly registering same. ...
24 February, 2021
Just settle!
Settlement options should always be explored at every step of a matter and even where a mediation does not succeed, that should not be the turning poi...
15 February, 2021