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Lander & Rogers family and relationship law practice eyes national growth
Australia's largest family law practice says legislative and procedural court changes have paved the way for national practice expansion.
Lander & Rogers welcomes dual-qualified family law partner and mediator, Charlotte Symes
Lander & Rogers has strengthened its national family and relationship law practice with the appointment of family law partner Charlotte Symes in Sydney.
Family laws and regulations in Australia, 2021
This in-depth insight looks at family law in Australia and related cross-jurisdictional issues.
Here or there? Determining the appropriate forum for your family law dispute
The recent Full Court decision of Obannon and Scarffe [2021] FamCA FC 33 is a useful reminder of the factors to be examined when determining the most appropriate forum to initiate and continue family law proceedings following the breakdown of a relationship or marriage.
Queensland passes assisted reproductive technology legislation
On 10 September 2024, the Assisted Reproductive Technology Bill 2024 was passed by Queensland Parliament.
Business valuation and its importance during a marriage or de facto relationship breakdown
If you own a business and your marriage or de facto relationship has broken down, a business valuation will be a key component in negotiating a property settlement with your former partner. A business valuation will ensure an appropriate and reliable value is allocated to the business in question. This may be your business, your former partner’s business, or a joint business you operated together. A valuation will be based on the business’s profits, assets, and other relevant indicators. The business is often compared to similar businesses in the industry.
Courts push for arbitration as alternative solution to dispute resolution
A rise in litigation over recent years is placing growing pressure on Australia's court systems, leading to backlogs that can delay cases for up to years.
Am I in a de facto relationship? — here are some of the signs
A 'de facto' relationship is where two people who are not married or related by family, are in a relationship as a couple on a 'genuine domestic basis'. There are a number of factors that may indicate a de facto relationship. Here we list the type of evidence that may be required to prove the existence of a de facto relationship.
Harmful proceedings orders seek to protect parents and their children from unnecessary litigation
May 2024 saw significant amendments introduced to the parenting framework in Australia, including the concept of 'harmful proceedings orders'.
Tax and Family Law: What is Division 7A?
In determining a client's entitlement to a property settlement on the breakdown of a relationship, family lawyers are of course, required to consider not only the assets of the parties, but also their liabilities. Those liabilities often include mortgages and credit card debts, however the taxation liabilities of the parties must be considered and apportioned between the parties as well. Identification and valuation of a party's liabilities is as critical as identifying and valuing a party's assets.
Family Court declares Stage 3 treatment for gender dysphoria "therapeutic" in decision of Re: Matthew
In a decision delivered on 16 March 2018 (Re: Matthew [2018] FamCA 161), the Family Court of Australia (the Court) dismissed an application made by the parents of a 16-year-old child, who were seeking orders that the Court declare the child to be Gillick competent and capable of consenting to Stage 3 treatment for Gender Dysphoria.
How might courts consider parental disagreements over coronavirus vaccinations?
The Family Court has on many occasions been required to determine disputes between parents on the issue of vaccinating their children. The coronavirus vaccine, when released, is expected to enliven competing views between parents about immunisation against the disease.
Disclosure obligations in Australia
The Family Law Rules 2004 (Cth) (Rules) provide that parties involved in family law proceedings in Australia for a division of marital or de facto assets have an ongoing duty of full and frank disclosure of their financial circumstances. This includes disclosure information regarding income, property, financial resources, superannuation entitlements and liabilities.
Do I have legal rights if I'm not the child's parent?
As the diversity of family structures across Australia continues to increase, many people involved in a child's life, such as stepparents, grandparents, former partners of a parent, or other carers, may not be legal parents, but still play important roles. In family law, these individuals are often referred to as non-parents. While they may not have automatic legal rights, they can, in some cases, apply for parenting orders enabling them to spend time with or make decisions about a child.
What is "property" in Australian family law?
After separation, one of the first steps to undertake in a property settlement is to identify and value the property of the parties available for division.
Can my ex-spouse claim money after divorce?
When a marriage comes to an end, a divorce is required to legally terminate the arrangement. However, a divorce does not automatically sever financial ties, which means both parties could be exposed to financial and property-related claims later on, particularly where there is no legally enforceable financial/property settlement in place.
Child support debts: The longer the arrears, the harder the enforcement?
Under the Child Support (Registration and Collection) Act 1988 (Cth), parties can apply to the Child Support Agency for enforcement of any child support debt owed to them. However, this is usually limited to three months of unpaid payments (increasing to nine months in exceptional circumstances).[1]
Separation, superannuation and evidencing the end of a de facto relationship
A Full Court of the Federal Court has highlighted the importance of updating binding death nominations in respect of superannuation entitlements upon the breakdown of a relationship.
Publication of family law proceedings: understanding when exemptions are permitted
Restrictions on publication of family law proceedings exist under the law. However, there are circumstances in which documents from family law proceedings can be used in other related proceedings.
Full Court clarifies the family law advice required for a financial agreement to be binding
The recent appeal decision of Dragomirov and Dragomirov provides important guidance to family lawyers when advising clients about binding financial agreements.
Financial support for children over 18
Do you have a child over the age of 18 in need of financial support? In certain circumstances, support may be available through the family law system.
“Not mine, not yours, not ours?” – Trusts, family wealth and the boundaries of property in family law
In the recent decision of Caldwell & Caldwell, the Federal Circuit and Family Court of Australia grappled a vexed issue: when can assets held in discretionary trusts be considered “property” of a marriage?
The relationship is over, but can I afford to separate? What you may (or may not know) about spouse maintenance
For many people, the fear of not being able to survive financially prevents them from taking that final step to separate. For others, separation occurs out of the blue, and they are suddenly left without a regular source of income or any earning potential. There are, however, options available.
How a 'Meghan Markle' destination wedding may mean a difficult divorce
American citizen Meghan Markle's wedding at Windsor Castle over the weekend may just be the world's most famous 'destination wedding' to date. But not all destination weddings have a happy ending.
Parental disputes over COVID-19 vaccinations: Who decides?
In Australia, children from the age of five are eligible to receive vaccination for the COVID-19 virus.
Common misconceptions in family law parenting matters
The term 'equal shared parental responsibility' is commonly used in family law matters involving children and is often confused with the term 'equal time'.
Final property orders and COVID-19
What happens when final property orders are made but one party wants to argue that the orders be set aside?
Family Law Act amendments: Parental responsibility and equal time
The passing of the most recent Family Law Amendment Act on 19 October 2023 brings significant changes to the current regime.
How is cryptocurrency divided in a divorce or separation?
Family lawyers are seeing an increasing number of settlements featuring digital assets, with cryptocurrencies being the most common form of digital asset.
Your family law journey with Lander & Rogers
Whether you are contemplating separation, navigating parenting arrangements or resolving financial matters, you may feel uncertain about what the legal process involves and what to expect from your family lawyer.
Step-parent adoption success in the County Court
Allison Nicholls and Claire Walczak recently obtained a Step Parent Adoption Order on behalf of their clients in the County Court of Victoria.
One court, two divisions: Family law complexities remain following court merger
Two recent Full Court cases highlight the practical implications of the 2021 court merger for family law cases.
What the 2022 Federal Budget means for family law
A number of funding items in the 2022-2023 Federal Budget directly relate to the family law system.
ACT introduces new surrogacy laws
The ACT has passed new legislation to allow more people access to surrogacy and bring the Territory's surrogacy laws in line with other Australian jurisdictions.
The unintended consequences of consenting without admission to family violence intervention orders
It is common practice for family violence intervention orders (IVOs) to be resolved on a 'without admission' basis.
Why a handshake agreement can cost you thousands later
When couples separate, most want to avoid conflict, save money and keep things amicable. This often leads to “handshake agreements”- informal arrangements about finances that aren’t documented or legally formalised.
Family Law Act amendments clarify court's approach to property settlements where family violence has impacted a party's contributions
Recent amendments to the Family Law Act through the Family Law Amendment Act 2024 bring significant reforms that more explicitly address the economic ramifications of family violence in the determination of property settlements.
Drugs and alcohol in family law
Allegations of drug and alcohol abuse have become increasingly prevalent in parenting matters before the Family Court and Federal Circuit Court. The Family Law Act emphasises the importance of a child maintaining a meaningful relationship with both parents provided there is no unacceptable risk to the child in maintaining such a relationship.
Dividing assets: Prenup or leave to chance?
With the announcement of Bill and Melinda Gates' divorce, media reports are rife with questions about how their vast assets will be divided.
Separating overseas - do you have a right to spousal maintenance?
Relationship separations that occur overseas can place a large amount of pressure on expatriate couples, especially if one person has relocated internationally to support their spouse.
Pauline Hanson's views - where does the truth lie?
Yet another family law review has been announced. In support of the review, Senator Pauline Hanson has condemned the 'family court system' on the basis that 'fathers get a raw deal from the family court'. Leaving aside Hanson's further comments in relation to accusations about family violence, where does the truth lie? Do fathers get a 'raw deal' from the family court?
Tax and stamp duty in family law property settlements
If your marriage or de facto relationship breaks down, the outcome of your property settlement can be significantly affected by tax and stamp duty consequences. Understanding which taxes and duties may apply is important when negotiating your property settlement.
Presumption of equal shared parental responsibility set to be abolished
In what may be the most significant change to the Family Law Act in nearly two decades, the presumption of equal shared parental responsibility for children is set to be abolished under proposed changes.
No jab, no way! Family Court has the power to order that a child be vaccinated
In the recent case of Covington & Covington, the Full Court of the Family Court of Australia emphasised that the Family Court does have jurisdiction to make an order that a child be vaccinated.
Estate and family law planning for the "great wealth transfer"
Both a will and binding financial agreement will be utilised in any well thought-out estate plan.
Understanding timeframes for divorce, property, and parenting matters
If you are separating from your former partner, it is important to be aware of the time limits that may apply to you. Whilst failing to comply with a time limit may not prevent you from making a family law claim, it can create additional complexity which can be time consuming and costly to navigate.
How the Federal Circuit and Family Court of Australia determines a Hague Convention application for the return of a child
The Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention) is an agreement between 83 countries which seeks to protect children from international abduction and arrange the prompt return of children who are wrongfully removed from their home country.
Preparing for your family report interviews
A family report is an important piece of evidence in a parenting dispute.
Lander & Rogers named top-tier firm in Doyle's Guide 2023 legal rankings
Law firm Lander & Rogers has been ranked among the top tier of law firms in Australia for the fifth consecutive year by Doyle's Guide's 2023 in its Australian Law rankings in the area of Family & Divorce Law. Nine of the firm's partners were also ranked as Leading Family & Divorce Lawyers on a state basis.
How do subpoenas work in family law?
Subpoenas are an important part of many legal processes, including family law.