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Lander & Rogers family and relationship law practice eyes national growth
Australia's largest family law practice says legislative and procedural court changes have paved the way for national practice expansion.
Family & Relationship Law Group contributes to a reform of the family law system in Australia
The Australian Law Reform Commission (ALRC) has released a Discussion Paper concerning possible reforms to the family law system, pursuant to a direction by the Commonwealth Government to undertake a comprehensive review of this aspect of the law.
Newly Accredited Specialists Announced
We are thrilled to announce that five lawyers in our Family & Relationship Law team have become accredited specialists in family law.
Understanding arbitration
Arbitration is an increasingly popular alternative to traditional court proceedings, particularly in disputes relating to property and financial matters.
Preparing for your family report interviews
A family report is an important piece of evidence in a parenting dispute.
How do subpoenas work in family law?
Subpoenas are an important part of many legal processes, including family law.
Queensland passes assisted reproductive technology legislation
On 10 September 2024, the Assisted Reproductive Technology Bill 2024 was passed by Queensland Parliament.
Digital assets in family law property settlements
Digital assets are becoming more common in family law property settlements.
What is parental responsibility in family law?
Parental responsibility is a central concept in parenting matters.
Family laws and regulations in Australia, 2021
This in-depth insight looks at family law in Australia and related cross-jurisdictional issues.
Final property orders and COVID-19
What happens when final property orders are made but one party wants to argue that the orders be set aside?
To gift or to loan? When the manner of giving matters
With the festive season fast approaching, we are reminded of the 'gift of giving'.
ACT introduces new surrogacy laws
The ACT has passed new legislation to allow more people access to surrogacy and bring the Territory's surrogacy laws in line with other Australian jurisdictions.
How "final" are final parenting orders?
Final parenting orders are capable of variation and amendment if the circumstances require it.
Inheritances in family law
A recent judgment of the Federal Circuit and Family Court of Australia considered the treatment of inheritances in the context of property settlement proceedings.
The critical incident list for families in crisis
When tragic circumstances arise and children are left without a parent to care for them, what happens next?
Navigating international parenting disputes
As we have seen in recent weeks, the breakdown of an expat relationship requires a careful approach to parenting arrangements, coupled with an understanding of the laws that apply in different overseas jurisdictions.
Dividing assets: Prenup or leave to chance?
With the announcement of Bill and Melinda Gates' divorce, media reports are rife with questions about how their vast assets will be divided.
Parental disputes over COVID-19 vaccinations: Who decides?
In Australia, children from the age of five are eligible to receive vaccination for the COVID-19 virus.
What the 2022 Federal Budget means for family law
A number of funding items in the 2022-2023 Federal Budget directly relate to the family law system.
Financial support for children over 18
Do you have a child over the age of 18 in need of financial support? In certain circumstances, support may be available through the family law system.
Common misconceptions in family law parenting matters
The term 'equal shared parental responsibility' is commonly used in family law matters involving children and is often confused with the term 'equal time'.
How are family trusts treated in family law proceedings?
Of concern in the recent announcement of Bill and Melinda Gates' separation is the impact on their many philanthropic trusts and foundations.
Surrogacy during the COVID-19 pandemic
An Australian couple has implored the Federal Government to increase international flight caps to enable them to return from Ukraine after travelling to Kiev for the birth of their twin daughters.
What do I do if my ex threatens to "take me to court"?
Commencing proceedings in the Federal Circuit and Family Court of Australia usually requires some groundwork.
Case Study: Exercising custody rights in international parenting disputes
A recent case highlights the complexities of international parenting laws, where one parent unilaterally removes the children from their country of residence.
Private mediation: A family law dispute pathway
In private mediation, an impartial third party (known as a mediator) helps to work through the issues in a dispute and guide those involved toward mutually agreeable outcomes.
An introduction to the child support system in Australia
In simple terms, child support is the financial support provided to meet the care needs of a child.
From engagement ring to separation ring: who keeps the diamond?
The popularity of 'divorce rings' raises the question of who keeps an engagement or wedding ring upon separation.
Joinder and intervention in family law: Understanding third party involvement under Australian law
Usually, only two parties are involved in family law proceedings. However, in Australia, third parties may become involved in family law disputes in a number of circumstances.
One court, two divisions: Family law complexities remain following court merger
Two recent Full Court cases highlight the practical implications of the 2021 court merger for family law cases.
Birth Certificate law reform in Victoria
It will soon be much easier for transgender and gender-diverse individuals to change their birth certificates, thanks to new laws passed this week by the Victorian Government.
Tips for finding the perfect family lawyer
In emotionally challenging and complex family law disputes, it's important to have an experienced and compassionate professional by your side.
Three partners shortlisted in the Partner of the Year Awards 2020
Congratulations to our partners who have been selected as finalists in the Lawyers Weekly Partner of the Year Awards 2020.
What is "property" in Australian family law?
After separation, one of the first steps to undertake in a property settlement is to identify and value the property of the parties available for division.
Step-parent adoption success in the County Court
Allison Nicholls and Claire Walczak recently obtained a Step Parent Adoption Order on behalf of their clients in the County Court of Victoria.
Changing arrangements: Can a child support agreement be terminated?
Once in place, child support agreements are difficult to vary. However, an agreement may terminate and be replaced with a child support assessment, where a child's primary residence changes.
Lander & Rogers opens family law practice in Brisbane
Lander & Rogers is expanding its Family & Relationship Law practice into Brisbane from 20 January 2020.
Am I entitled to spousal maintenance?
Spousal maintenance is an amount of money paid by one party to a marriage or de facto relationship to the other party for their financial support.
Corporate structures and complications in family law settlements
A recent court decision demonstrates the problems that can arise when corporate structures aren't properly understood or dealt with in final property settlement orders.
Improving transparency of superannuation interests in a property settlement
1 April 2022 will see a significant change in the visibility of the superannuation entitlements of parties seeking a property settlement, once amendments to the Family Law Act 1975 (Cth) come into effect.
Divorcing under Jewish law in Australia
Obtaining a 'Gett' is a critical part of separation for Jewish couples. So, what is a Gett and what happens if your partner won't accommodate one?
How is cryptocurrency divided in a divorce or separation?
Family lawyers are seeing an increasing number of settlements featuring digital assets, with cryptocurrencies being the most common form of digital asset.
Family Law Act amendments: Parental responsibility and equal time
The passing of the most recent Family Law Amendment Act on 19 October 2023 brings significant changes to the current regime.
Parenting matters, best interests and amending section 60CC
The Family Law Amendment Bill 2023 proposes that section 60CC be repealed and replaced with a substitute section 60CC. The Bill was passed on 19 October 2023.
Family Law Amendment Act 2023: Requirements for reconsidering final parenting orders
The Family Law Amendment Act passed on 19 October 2023 includes a new section 65DAAA which codifies the rule in Rice v Asplund (1979) FLC 90-725.
Disclosure obligations in Australia
The Family Law Rules 2004 (Cth) (Rules) provide that parties involved in family law proceedings in Australia for a division of marital or de facto assets have an ongoing duty of full and frank disclosure of their financial circumstances. This includes disclosure information regarding income, property, financial resources, superannuation entitlements and liabilities.
No jab, no way! Family Court has the power to order that a child be vaccinated
In the recent case of Covington & Covington, the Full Court of the Family Court of Australia emphasised that the Family Court does have jurisdiction to make an order that a child be vaccinated.
Estate and family law planning for the "great wealth transfer"
Both a will and binding financial agreement will be utilised in any well thought-out estate plan.
How is a property settlement determined?
A common question asked by clients during an initial meeting to discuss their property settlement is 'What percentage of the property pool will I receive?'