Family Law Act amendments: Parental responsibility and equal time

The recent passing of the Family Law Amendment Act 2023 on October 19, 2023, ushers in significant changes to the existing framework established back in 2006. One of the primary amendments involves eliminating the presumption of equal shared parental responsibility (ESPR). What is parental responsibility? It encompasses the duty parents carry in making crucial, long-term […]

Family Law Amendment Act 2023: Requirements for reconsidering final parenting orders

The recently passed Family Law Amendment Act 2023 introduces a new section, 65DAAA, codifying the principle established in Rice v Asplund (1979) FLC 90-725. This rule stipulates that when final parenting orders are in place, the applicant must demonstrate a significant change in circumstances since those orders were made before they can be reconsidered. The […]

Family Law Act Amendments (Bill No. 2) – Property

The Family Law Amendment Act of 2023 introduces substantial reforms designed to refine the processes and principles governing family law matters, specifically in property and parenting disputes. Codification of Disclosure Obligations The proposed changes aim to integrate the existing duty of comprehensive disclosure in property matters directly into the Family Law Act 1975. This move […]

Family Law Amendment Act 2023: New obligations for Independent Children’s Lawyers

The Family Law Amendment Act of 2023 introduces new obligations for Independent Children’s Lawyers (ICLs) in parenting matters, aiming to represent the child’s best interests and provide an independent viewpoint regarding their optimal parenting arrangements. Key provisions under the amendments now mandate that an ICL must personally meet with the child or children they represent, […]

Protecting The Family Will: Defending Against Will Contestations 

Defending Against Will Contestations  It’s a topic many don’t relish discussing, yet it remains an essential part of safeguarding the wishes of a departed loved one. How do you ensure that the final wishes laid out in a family will are upheld, especially if contested? For those seeking guidance, engaging a family lawyer for will matters is […]

How Emotions Can Impact Your Family Law Matter: The Cost of Non-Commercial Decision Making

Navigating the realm of family law is inherently emotional. Whether it’s a divorce, child custody dispute, or property settlement, these are deeply personal issues that stir profound emotions. However, allowing these emotions to dominate can significantly impact the quality of decisions one makes, often leading to outcomes that are less commercially sound. The Emotional Landscape […]

Family Law Matters: As Unique As Fingerprints

When one hears of a family law case, there might be an immediate association with divorce, custody battles, or property disputes. The reality, however, is far more nuanced. Just as every fingerprint is unique, with whirls and patterns distinctly its own, each family law case carries its exclusive narrative, complexities, and intricacies. The Intricacies of Family Dynamics Family […]

How Emotions Can Impact Your Family Law Matter: The Cost of Non-Commercial Decision Making 

Navigating the realm of family law is inherently emotional. Whether it’s a divorce, child custody dispute, or property settlement, these are deeply personal issues that stir profound emotions. However, allowing these emotions to dominate can significantly impact the quality of decisions one makes, often leading to outcomes that are less commercially sound. The Emotional Landscape […]

Is an Australian Will valid overseas? 

Will your Australian Will work overseas? Having a valid Australian Will is crucial if you possess assets in Australia, ensuring these assets are distributed to your spouse and loved ones in line with your preferences. However, suppose you are requested by your employer to relocate, for instance, to Paris for work. Would it be necessary to draft a valid […]

Parents making loans to children

Should I Gift or Loan money to my children? Understandably, the question of whether to gift or loan money to children often arises, especially when they are in the process of purchasing their first homes and are looking for financial support from their parents. It becomes crucial to consider various scenarios to better comprehend the […]

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