In September 2017, the Australian Law Reform Commission (‘ALRC’) received Terms of Reference from the Attorney-General to undertake a comprehensive review of the family law system. The review was the first since the commencement of the Family Law Act 1975 and the...
Although superannuation usually cannot be accessed until retirement, it is important for separating couples to remember that superannuation is considered by the Family Law Act as property available for division between parties.[1] Unless there are specific reasons not...
In December 2018, Judge Salvatore Vasta sentenced a man involved in a property dispute with his former wife to 12 months imprisonment for contempt of court as a result of failing to disclose financial documents on time. The decision of Judge Vasta in the Federal...
Family Court appeal judges have declined a request by Chief Justice William Alstergren that they preside over trials as well as appeals in an attempt to reduce the Court’s backlog, according to an article published by The Australian on 30 April 2019. Due to a...
Separations and divorces can be highly stressful when there are young children involved, not only for the parents and the children themselves, but also for the wider family unit. Grandparents often play a significant role in the early years of their grandchildren’s...
After five years of marriage and what appeared to be an amicable separation, Renee Catt was “blindsided” when her former partner commenced property settlement negotiations just days after the pair’s separation. Ms Catt has described how she lost almost $100,000.00 as...
In recent years, the global debate surrounding the safety of immunisations and the potential risks of certain vaccines has been prominent in the media. The conversation has been heightened not only by medical and scientific communities but also by vocal politicians,...
In its recent review of the Family Law system, the Australian Law Reform Commission (ALRC) received submissions supporting an amendment to the Family Law Act that would clarify how family violence is relevant to property division. In the 1997 case of Kennon, the Full...
The Australian Law Reform Commission recently published its Review of the Family Law System and made recommendations to simplify and clarify provisions dealing with property settlements under Australian legislation. In New Zealand, the Family Court usually orders that...
It is not an uncommon scenario where one party to a marriage, often the Wife, dedicates themselves predominantly to parenting and homemaking duties while the other party develops and advances their career. In circumstances such as this, the party who has developed...
In 2011, a Melbourne same-sex couple conceived a child after their mutual friend donated his sperm to them. The parties all signed a Sperm Donor Agreement prior to conception but difficulties arose once the child was born and the sperm donor requested to have a...
The lake tragedy at Wyndham Vale: How mental illness affects sentencing Victorian prosecutors have now sought a High Court appeal of the decision by the Victorian Supreme Court to cut the sentence of a Mother who pleaded guilty to the murders of her children. In April...
