Litigation costs

Pre-Nuptial Agreements in Australia: Pros and Cons

We see a lot of what are known as pre-nuptial and post-nuptial binding financial agreements drafted by other lawyers, often using ‘boiler-plate,’ clauses many of which are non-compliant with the Family Law Act and likely to be set aside, if they were subject to...

The Family Court Merger: can they do it?

By Lloyd Skinner Following the recent passage of the court merger legislation creating the combined Federal Circuit and Family Court of Australia (FCFCA), officially commencement is set to occur on 1 September 2021. We want to explore the procedural changes that...

Should you mediate or litigate family law property?

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...

How litigation dollar-for-dollar orders are made in the Family Court

The Family Court has power to order that a party in a litigation can pay to the other party their legal costs in the proceedings, as it considers appropriate. These are known as litigation funding orders and are made under three powers in the Family Law Act 1975...