In parenting matters, conducted in the Federal Circuit and Family Court of Australia (Court), ensuring the voice of the child is heard in a safe and age-appropriate way is important. The Court must determine what arrangements are in each child’s best interests and in doing so, one of the factors it considers is any views expressed by the child. Although children do not appear in [...]

Since the introduction of the Federal Circuit and Family Court of Australia (which replaced the previous Family Court system in 2021) there has been a greater focus on trying to resolve a dispute through mediation before approaching the Court and also once parties are participating in the Court system. It is now a requirement that parties attempt to engage in a dispute resolution process such [...]

The Family Law Amendment Act 2023 (Cth), assented to on 6 November 2023, brings significant changes to the law in relation to parenting and the way in which the Federal Circuit and Family Court of Australia (the Court) will determine parenting disputes.  Most of the changes to the law will apply from 6 May 2024. The government says it is aimed at making ‘Australia’s family [...]

What is collaborative practice and how does it actually work? Collaborative practice is a recognised approach to resolving family law matters without resorting to litigation in Court. Collaborative practice focuses on achieving an end result that satisfies the particular priorities of the parties and their family, avoiding conflict throughout. It is suitable for both financial and parenting settlements. The process involves face-to-face meetings with your [...]

A de facto relationship is a relationship in which the parties are not legally married to one another nor related by family and maintain a genuine relationship while living together for at least six months. Both same-sex and opposite sex relationships can be de facto.  A person can have multiple de facto relationships at the same time, or even be legally married while holding a [...]

Prior to September 2021 family law disputes were heard by either the Family Court or the Federal Circuit Court depending on the nature and complexity of the case.  The two Courts were then merged to create the new Federal Circuit and Family Court of Australia with a single point of entry, intended to give families more efficient access to justice.  More than a year on, [...]

If you are planning on assisting a family member or friend to obtain a loan by offering your own property as security for the loan – also known as being a guarantor – the bank/lender will usually require you to obtain independent legal advice first, so that the Bank can be assured you are fully aware of your rights and obligations. Being guarantor for someone [...]

With the reopening of Australia's international travel borders comes an increased risk that one parent will take their children overseas without the other parent's consent. Warring parents with links to, or extended families in other countries might be tempted to take their children out of Australia away from their former partner.  But, as the Family Court has noted 'Child abduction, as between separate and conflicted [...]