In the recent and unusual matter of Hsiao v Fazarri, the Husband, who had only been married for 23 days, sought a property settlement in the Family Court. The matter seems straight forward, so how did it end up in the High Court of Australia? The Husband, Mr Fazarri,...
Court-sanctioned Family Violence Intervention Orders (FVIO) are the first port of call for victims of family violence. Anna Goldsborough, a magistrate specialising in family violence, believes that intervention orders are a crucial method in curbing actions of future...
By Jessica Coles-Black Ordinarily, in a property settlement, superannuation is considered separate to parties’ non-superannuation property. This means that the percentage division applied to the parties’ non-superannuation property pool does not necessarily equate to...
Deciding to leave a violent and abusive relationship is often a difficult and complex process. Once that decision has been made, how do you do it? What are the risks involved for your children and your family pets? It has been reported that about 60% of family...
The COVID-19 pandemic has been labelled as many things by many people, but can be it described as an ‘exceptional circumstance’ required to set aside your Binding Child Support Agreement? The recent Family Court case of Martyn[1] found that yes, the COVID-19 pandemic...
Are you a hopeful parent intending to use a sperm donor to have a child? Or are you a sperm donor intending to assist another in starting or growing their family? If you or someone you know is considering or has already used a sperm donor to conceive a child, it is...
Digital domestic abuse is a growing and dangerous form of family violence that transcends geography and traditional definitions of domestic violence. Technology facilitates perpetrators’ ability to pervasively control and coerce victims. Like all forms of domestic...
As globalisation has made the world more interconnected, it is more common for couples to be married to an overseas resident or own property in several countries. This can convolute divorce settlements as family law legislation from other countries can stipulate...
The 2019 Federal Circuit and Family Court of Australia Bill is intended to combine the two family courts into the singular Federal Circuit and Family Court of Australia. The bill passed in the Senate during February following support from key crossbencher, Rex...
Coercive control is a form of domestic abuse that involves a behavioural pattern of acts such as manipulation, gaslighting, humiliation, intimidation, and threats that erode your esteem and independence. Examples of coercive and controlling behavioural patterns...
The Federal Circuit Court was established in 2001 by the Howard Government. It created a second judicial body that would operate in tandem with the Family Court of Australia. The purpose of this court was to enable litigants to access justice in a faster and in a more...
We have previously examined the presumption of ‘equal shared parental responsibility’ in the horrific case of the Edwards family in our blog, The Presumption of Equal Shared Parental Responsibility: The Horrific Case of Olga Edwardson 18 September 2020. We looked at...
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