Family Law

In the case of Ritter & Ritter and Anor [2020] FamCAFC 86 the Full Court of the Family Court of Australia allowed an appeal after finding that the husband had not been afforded procedural fairness. In 2012, Mr Ritter and Ms Ritter obtained consent orders resolving their property settlement matter. In 2018, the husband made … Read more

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

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

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

The rise of coronavirus has impacted on many people in unexpected ways. For people already at risk of family violence, the need to self-isolate or distance themselves socially can put them at an even higher risk of harm. Now might be the time to engage in safety planning, or to help someone you think may … Read more

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

The COVID-19 outbreak has affected society in a number of ways. For those with ongoing family law matters, you may be wondering whether the COVID-19 outbreak will affect your family law matter.  The short answer is yes, it may.   Does COVID-19 affect payment of child support?  The amount of child support that is paid and received may be affected if one or both parents have a reduced income, are not … Read more

So you have Final Parenting Orders The Family Court and the Federal Circuit Court are two ways parties may get a Final Parenting Order. This can be either after a hearing or trial; or if both parties make a mutual agreement and turn it into Orders (Consent Orders). Final Orders will likely set out who … Read more

In the recent decision of Perdicari & Perdicari [2019] FamCAFC, the husband sought leave to appeal orders made by the Federal Circuit Court of Australia which provided that the wife was to have exclusive occupation of the former family home. Brief Background The husband and wife married in 2004 and had three children. They separated … Read more

He doesn’t hit me. Is it really domestic and family violence? Domestic and family violence comes in many forms and is not limited to physical violence. It can occur in many different types of settings and can be experienced directly or indirectly. In Queensland, the Domestic and Family Violence Protection Act 2012 contains a broad … Read more