In May 2026, the Full Court in Caldwell & Caldwell [2026] FedCFamC1A 81 (Caldwell) revisited the issue of discretionary family trusts, overturning the trial judge’s decision and refocusing the enquiry...
There are several ways family law issues can be resolved outside of court, and these are often used in combination, depending on the circumstances.
With rising property prices and tighter lending conditions, many Australians are increasingly turning to the 'bank of mum and dad' (and other family members) to assist with property purchases, business...
The recent appeal decision of Dragomirov and Dragomirov provides important guidance to family lawyers when advising clients about binding financial agreements.
New provisions under the amendments to the Family Law Act now require an Independent Children's Lawyer to meet with the child or children whose interests they are appointed to represent...
The passing of the most recent Family Law Amendment Act on 19 October 2023 brings significant changes to the current regime.
The Family Law Amendment Bill 2023 proposes that section 60CC be repealed and replaced with a substitute section 60CC. The Bill was passed on 19 October 2023.
The Family Law Amendment Act passed on 19 October 2023 includes a new section 65DAAA which codifies the rule in Rice v Asplund (1979) FLC 90-725.
Separated parents undertaking travel with their children should be mindful of the rules around international travel including, importantly, the need to obtain the other's parent's consent.
A recent Full Court decision has clarified the meaning of unacceptable risk in parenting matters and the evidence required to establish that a party poses an unacceptable risk to the...
On 31 March 2022, the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) released a statement addressing concerns raised by the legal profession regarding the...
A number of funding items in the 2022-2023 Federal Budget directly relate to the family law system.
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