Cryptocurrency is increasingly making its way into family law matters and cases in Australia. If you are about to start, or have already commenced family law property settlement after separation, and you have cryptocurrency holdings, you may be wondering how the Federal Circuit and Family Court of Australia view these holdings.
One of the notable changes to the Family Law Act, which came into effect in May 2024, was the insertion of a new section, s 65DAAA, which deals with the reconsideration of final parenting orders.
When separated couples are in dispute about parenting arrangements, they may have to make an application to the Court to make a decision for them. When making its decision, the Court must only make orders that are in “the best interests of the child”.
Supervised time is a parenting arrangement in which a parent can spend time with their child, but only in the continual presence of another adult. This adult may be a professional supervisor, or an agreed family member or friend who is responsible for ensuring that the child is safe and that the time spent together is positive.
Different courts have different requirements, timings and expectations in relation to subpoenas. This article looks at what you need to know regarding subpoenas in the Federal Circuit and Family Court of Australia family law matters.
Most of the amendments to the Family Law Act 1975 came into effect on 6 May 2024. The changes will apply to new and existing matters. This means that if you have a family law matter already before the Court and the final hearing had not commenced prior to 6 May 2024, the new laws will apply.
Mediation is a popular method of dispute resolution for family law matters. Despite it being more efficient and cost-effective than court proceedings, it’s common for parties to a family law dispute to be unsure where to start.
When a separation or divorce is being considered, a common question often arises of whether parties can keep assets in joint names, even after finalising their family law property settlement. In this blog, we explore the risks of retaining joint assets after separation or divorce.
Even the most amicable of family law matters can take a significant period to be finalised by way of Court Orders. A common question we are asked is, "How do I pay my expenses and legal fees until the completion of my matter?" One option may be to apply for partial property settlement.
When making Parenting Orders in relation to a child, the Family Law Act requires the Court to regard the best interests of the child as the paramount consideration. In doing this, the Court may give consideration to the views of the child.
An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.