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POST SEPARATION PET ARRANGEMENTS

When people separate from their spouse or de facto partner, there are generally two main issues that the parties focus on: parenting arrangements for the children of the relationship (if any) and the division of their property. There is a clear framework in the Family Law Act 1975 (Cth) (“the Act”) regarding these two matters. … Read more

Case Note: Clayton & Bant [2020] HCA 44

In the recent decision of Clayton & Bant [2020] HCA 44, the High Court of Australia considered whether a decision made by a Dubai Court precluded a party from seeking orders in the Family Court of Australia. Background Ms Clayton and Mr Bant married in the United Arab Emirates (“the UAE”) and had one child … Read more

BUDGET UPDATE: Home deposits as low as 2%? The proposed measure to support single mothers and parents

At present, the Australian housing market presents a major challenge for the Federal Government. There is a significantly high demand for acquiring housing and property, whilst very little supply is available. This is especially problematic for disadvantaged members of society, such as single parents (especially mothers) with children – balancing supporting a household by themselves, … Read more

BUDGET UPDATE: The 2021-22 Federal Budget – What it promises for the domestic and family violence sector and what to expect

On 11 May 2021, The Hon. Joshua Frydenberg (Federal Treasurer) delivered the 2021-22 Federal Budget. This Budget emphasized a significant focus on women’s safety and health, especially as it relates to domestic violence. This article addresses the expenditure for domestic and family violence victims. According to the Australian Government Institute of Health and Welfare, women … Read more

Structural Reforms Ahead for Family Law System

On 5 December 2019, the Attorney-General introduced the Federal Circuit Court and Family Court of Australia Bill 2019 (“the Bill”) to reform the family law court system.  Proposed Reforms for Family Law System The Bill proposes a number of reforms to the family law court system. These reforms include:  establishing a single point of entry for federal family law matters; and   developing a common rules, forms, practices and procedures.1   … Read more

Coercive control: Should it be criminalized?

Coercive Control A little over a year has passed since Hannah Clarke and her three children had passed away.[1] This event has captured significant public attention which has led to discussions regarding the need to make legislative changes to prevent the recurrence of such a horrific act of violence. A particular point of discussion raised … Read more

The Lighthouse Project

The Lighthouse Project is an initiative of the Family Court of Australia and the Federal Circuit Court of Australia (“the Courts”) to better protect parties and children involved in family law proceedings who are experiencing family violence and/or other safety risks.   How does it work?  The Lighthouse Project involves the following process:  Screening  When a party files an Initiating … Read more

“Live with” Arrangements for Children

The Legislative reforms in 1996 removed the words ‘custody’, ‘access, and ‘guardianship’ from the Family Law Act 1975 (Cth) (“the Act”) to further discourage parents to view children as possessions and to encourage them to focus not on legal intervention but on the fundamental need for children to develop a close and meaningful relationship with both parents whenever … Read more

What is a primary carer in family law?

A primary carer in family law is the person with whom the child spends the most time with. Most often, this is a parent, however, a primary carer can also be a child’s grandparents, aunts, and uncles.   In some parenting matters, the court may need to assess who a child’s primary carer is as this may assist the court in determining … Read more