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    Treatment of Trusts in Family Law Proceedings

    Following the breakdown of a relationship, the characterization of Trusts, and the assets they hold, can be hugely influential in property proceedings Due to this, the characterisation of the Trust and Trust assets can be a fiercely debated issue between parties. What is a Trust?  Trusts are financial structures frequently used to hold assets for […]

    Expert Evidence in Parenting Matters: Court Reports

    During parenting proceedings in the Federal Circuit and Family Court of Australia (“the Court”), the Court usually requires independent expert evidence to assist in determining orders that are in the children’s best interests. There are two main ways the Court will obtain this evidence.  Child Impact Reports Section 11F of the Family Law Act 1975 […]

    Conflation of Best Interests and Reasonable Practicability Considerations

    Best Interests of the Child When determining a parenting matter, the Court must regard the ‘best interests of the child’ as the paramount consideration, pursuant to Section 60CA of the Family Law Act (“the Act”). In determining what constitutes the ‘best interests of the child’, the Court must consider the matters set out in Section […]

    Thinking of filing Court Proceedings

    Thinking of filing Court Proceedings? When the Federal Circuit Court of Australia and the Family Court of Australia merged on 1 September 2021, the Federal Circuit Court of Australia Rules 2001 and the Family Law Rules 2004 were amalgamated to form the Federal Circuit Court and Family Court of Australia (Family Law) Rules 2021 (New […]

    Pre-Action Procedures and Family Law

    When the Federal Circuit Court of Australia and the Family Court of Australia (FCFCOA) merged on 1 September 2021, the Federal Circuit Court of Australia Rules 2001 and the Family Law Rules 2004 were amalgamated to form the Federal Circuit Court and Family Court of Australia (Family Law) Rules 2021 (New Rules). A major change […]

    Treatment of total and permanent disability insurance in Family law

    What is total and permanent disability insurance? Total and permanent disability (“TPD”) insurance is insurance received by an individual in circumstances where permanent illness or injury has rendered that person unable to work in their occupation or any occupation for which they are suited by training, education or experience. Following making a claim and being […]

    Out of time applications

    The Family Law Act 1975 (“the Act”) states that married parties have 12 months from the date a Divorce is in effect to file an Application for property orders. In respect of de facto matters, the Act requires an Application to be made to the Court within 24 months since the date of separation. Following […]

    Complex financial proceedings in the Federal Circuit and Family Court of Australia

    On 30 September 2021, the Hon William Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia (Division 1 and Division 2) announced the commencement of the Major Complex Financial Proceedings List. The new list is part of a pilot program within the Court’s Sydney, Melbourne and Brisbane Registries which commenced on 1 […]

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