Stay informed with the latest insights, tips, and updates on Australian family law. Our expert articles help you understand your rights and navigate legal challenges.
Under section 79 of the Family Law Act 1975, Australian courts divide property using a four-step process based on contributions, future needs, and fairness.
Under section 79, Australian courts treat homemaker and financial contributions equally in large asset pool divorces. Pool size does not justify a bigger share.
Under sections 79 and 90SM of the Family Law Act 1975, marriage does not create a caveatable interest, but caveats remain practical tools to freeze property.
Under section 79 of the Family Law Act 1975, courts can order a spouse to bear sole responsibility for hidden debts or indemnify the innocent party.
Under the Ebner test, apprehended bias requires a fair-minded observer to reasonably fear the judge is not impartial. Unfavourable rulings alone are not bias.
Under section 79, Australian courts can assess contributions by dollar amount rather than percentage. In large pools, the method can shift results by millions.
Under House v The King principles, you can only appeal a family court property decision if the judge made a specific legal, factual, or discretionary error.
Under s79(8) of the Family Law Act, an executor can continue property settlement after a party dies, but only if the case was filed before death.
Under section 79(2) of the Family Law Act 1975, Australian courts can refuse to divide property if splitting would not be just and equitable.
Under the Family Law Act 1975, courts order breath tests and supervised visits for alcoholic parents. Rehab completion alone won't restore custody.
A spouse's bankruptcy adds the trustee as a third party, but under s 79 of the Family Law Act 1975, you can still claim your share of the property.
Under the Kowaliw principle, a failed business or investment is not wastage unless the court finds reckless or wanton conduct in the decision-making process.
Under section 60CC of the Family Law Act 1975, courts assess how parental alcohol abuse affects the child's best interests and can reduce custody to supervised contact.
Under section 60CC of the Family Law Act 1975, courts weigh children's wishes based on maturity, not age. No fixed age gives a child the final say.
Under s 79 of the Family Law Act 1975, courts can adjust property splits for delayed sale losses, but only with proof of a direct causal link.
Gambling losses only count as wastage under the Kowaliw principle if the court finds economic recklessness or a deliberate act to reduce the asset pool.
How Australian family courts assess post-separation spending, asset dissipation, and marital waste in property settlements — key factors and case examples.
Australian courts can draw adverse inferences, award 100% of assets, and order cash payments when a spouse hides assets in property settlement.
Add-backs are abolished. Australian courts now handle wasted assets through percentage adjustments, not phantom money on the balance sheet.
What evidence do courts look at when your ex is turning your child against you? Expert reports, coached statements, texts, and behavioural patterns explained.
Asset dissipation and trust enforcement in divorce: how s106B and Part VIIIAA protect your property settlement.
Can a family trust shield assets from divorce? Learn how Australian courts classify trust property in settlements.
Inherited family trusts may still count as property in divorce if the court finds effective control, regardless of how many generations the trust spans.
How do Australian courts identify puppet trustees and test independent will in family trust divorces?
Sole divorce in Australia: how to serve divorce papers, prove service and meet response deadlines.
When a trust counts as a financial resource, s75(2) adjustments can shift your settlement ratio by up to 30%.
File a contravention application when parenting orders are breached. Process, fees, evidence explained.
What penalties apply when a parenting order is breached? Learn about the penalty tiers, sentencing factors, and when imprisonment may apply.
An AVO is a court order protecting individuals from violence, stalking, or intimidation under NSW law.
How Australian courts identify parental alienation and protect children's relationships through custody reversal.
How Australian family courts resolve school disputes between separated parents — parental responsibility, best interests, and what happens when parents disagree.
Complete guide to filing a joint divorce in Australia: legal requirements, 12-month separation, timeline, fees and documents.
How do Australian courts handle asset add-backs for gambling, reckless investments, and post-separation spending?
When can you legally break a parenting order in Australia? Learn about the reasonable excuse defence with real case studies.
When does separation legally begin? Can you divorce while living together? Understand separation under one roof.
Reading about family law is a great start, but every situation is unique. Contact us for personalized legal advice tailored to your specific circumstances.