On 6 May 2024, a number of major changes will be introduced in Australia that will dramatically affect family law. These changes mark a significant ‘overhaul’ of the family law system and will have wide-ranging implications for all those who are involved with it.

Many people find it difficult to understand the difference between time parents spend with the children and parental responsibility. The presumption of shared parental responsibility in the current family law regime caused confusion and conflict between many parents.

A blended family matter on Sydney’s Northern Beaches

Family law matters can be complicated and emotionally challenging, and for Michelle (name changed for privacy), her journey began as no exception.

Michelle had initially been married with two children. After that relationship ended, the pair shared custody of the kids as she began a relationship and soon married a new man. With two kids of his own, together they lived as a blended family in a home they bought on Sydney’s Northern Beaches.

Earlier this week the Attorney General released a draft of the Family Law Amendment Bill 2023. The Bill is an ambitious overhaul of several key sections of the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia Act 2021 (Cth), that aims to improve the current Family Law System

Testamentary trusts are one of the more obscure branches of estate planning and, at first glance, appear to be very complex and only appropriate for niche situations. In truth, testamentary trusts are far less daunting than they first appear and offer a multitude of benefits for your beneficiaries, while also allowing you more control over your estate than a run of the mill will would allow. 

In today’s modern age of smartphones, smartwatches and other electronic devices, recording audio and video in real-time is ever easier. The cost of installing recording devices in the home and business premises has also gone down. Given the prominence of such devices in our daily lives, questions about privacy and limitation of their use comes into question. For example, can we record private conversations? Can we use them as evidence in a dispute?

In May 2022, the FWC completed their four yearly review of the modern awards, including consideration of whether modern awards should be varied to include paid FDV leave. As part of its review the FWC made significant findings in relation to FDV:

Gambling, reckless spending behaviour and ill-considered business dealings, giving away assets or free rent and underselling assets are all examples of behaviour we sometimes see in family law property matter and they also are circumstances the Court has determined as wasting the family finances and are taken into account by the Court in determining Family Law proceedings.

We are living in unprecedented times. With a rise in Family Law and domestic violence cases as our out of home movements and activities become more restricted and strain on our mental and economic well-being increases, understanding the changes being made in Australia to support those most vulnerable is vital.

So, what exactly is a Duty of Disclosure and why might it apply to me?

The separation of parents is an emotional and confusing time not just for parents but also for children. It is important that children feel cared for and safe during this time and it is the responsibility of both parents ensure that these needs are met.

Shocking results of research into Domestic Violence in NSW.

A large proportion of family law matters deal with children after the breakdown of a relationship. This leads many parents to ask: ‘What are my rights are as a parent?’

When you settle your family court matter and arrive at a final property settlement, it is generally assumed by members of the general public that is that, it's final and everyone can move on. However, your final settlement may not stop ex-spouses from making a future claim on your estate. Unfortunately, this was the case for Dr. Lodin and others alike. An appeal case has recently been decided in the NSW Court of Appeal on this matter.