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What happens when one party lacks capacity to provide instructions in proceedings in the Family Court arena?  For example, dementia sets in or a brain injury arising from an accident?  Or conduct [...]

In the High Court case of Masson v Parsons in 2019 the court considered the meaning of the term “parent” and whether the sperm donor could be termed “parent” within the ordinary meaning.  Does [...]

What if a will omitted to name an executor? What if the document is not in the formal sense a will but rather is a direction in the form of a letter? In the 2019 South Australian case of the [...]

Family Violence Law Help (familyviolencelaw.gov.au) is a new national website for people wanting to understand domestic and family violence, the law and where to get help. It can be used by [...]

In the 2014 case of Spencer & Speight [2014] FamCA436 the court determined that “sexual relationship” has a wider meaning than just sexual intercourse and sexual relations. Intimate [...]

The Family Law Act requires a court to consider if the proposed orders sought by the parties are just and equitable in making decisions for married couples and de facto couples (couples who have [...]

It is so easy to just breeze over assets when considering your will. After all if you own your own home unit you may just assume that the car space used by you also belongs to the unit and there [...]

The Government has today announced its proposal for the restructure of the federal courts. The Government proposes to establish a new “Federal Circuit and Family Court of Australia” (FCFCA). The [...]

A long overdue shake-up of the family courts will aim to reduce the crippling delays and backlogs that have kept families in limbo for years in the heat of divorce settlements and custody [...]

“REPUGNANT’’ conjugal rights allowing husbands to demand sex from their wives will be killed off in Australia, in a new shake-up of family law. The Family Law Act gives judges the power to [...]