“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

Case Note: Biondi & Koen [2020] FamCA 201

The case of Biondi & Koen [2020] FamCA 201 was urgently listed as a result of the COVID-19 pandemic.[1] Background The Mother was an international student who arrived in Australia from Brazil in 2015. The parties had a brief and casual sexual relationship in April 2016. The Mother fell pregnant with the parties’ child. The … Read more

What is Family Law Arbitration and how does it work?

The Family Court of Australia and Federal Circuit Court of Australia have recently introduced the National Arbitration List, where family law matters in the Courts will be sent to an external Arbitrator to be finalised. This is good news for parties in the Court system, as preparation for and attendance at an arbitration can often … Read more

Will the Court make me refinance?

Long & Peng Case Note Recently, the Full Court of the Family Court of Australia at Brisbane (“Family Court”) decided an interesting case involving property matters. In this case, the Family Court dismissed an appeal from the Federal Circuit Court on the basis that there was not sufficient evidence to sustain the appeal, the original … Read more

Responding to a Domestic Violence Protection Order

I’ve been served with a Protection Order Application or a Temporary Protection Order. What should I do? It’s important to take the matter seriously and make an appointment to see a lawyer.  Domestic Violence Applications are treated seriously by the Courts in Australia. Once an Order is in place (temporary or final), the terms set … Read more

Division 7A Loans and Family Law Proceedings

In the breakdown of a relationship, the first thing to consider in the process of determining your entitlement to a property settlement is determining what property is available to be split. This property is called the “net asset pool”. A detailed article about what assets are included in a family property settlement can be found here.  … Read more

COVID-19 – Couples separating under one roof

There’s no question that separating from your partner can be expensive. There may be costs involved in moving house, separating your finances, getting legal and financial advice, not to mention the reality of an overall reduced household income. With the uncertainty surrounding job security with the corona virus or CoVID-19 crisis, many people may be … Read more