The High Court decision in R Lawyers v Mr Daily is a significant Australian case involving a BFA negligence claim and solicitor negligence in relation to Binding Financial Agreements (BFAs). The case arose from the breakdown of a marriage and the later setting aside...
Binding Financial Agreements (BFAs) are an important tool in family law. They often provide certainty after separation. However, they are not always “fair”. Parties can enter into what is known as a “bad bargain”. The recent decision in Goffe & Ottoson highlights...
A court will only order a child to move from their primary carer in exceptional circumstances. It is one of the most significant decisions a family law judge can make. However, when a parent actively damages a child’s relationship with the other parent, the court may...
Interim orders in the Federal Circuit and Family Court of Australia (FCFCOA) are not often appealed, though the recent appellate decision in Walshe & Walshe[1] provides important guidance on how courts approach these situations and clarifies the limits of...
The recent decision of Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137 provides guidance for separating couples and practitioners on disclosure obligations, addbacks, and appellate review limits in property settlements under s 79 of the Family Law Act 1975...
Parenting Disputes and Mental Health: Lessons from Shinohara & Shinohara The recent case of Shinohara & Shinohara [2025] FedCFamC1A 126 highlights the challenges the Family Court faces in balancing a mother’s right to spend time with her children against the...
