Author: brisbanelawyers

How the Child’s View Affects Custody Disputes? Before imposing an order, the Court will always consider what Parenting Arrangements are in the best interests of the child. In determining the best... Read More

Property proceedings – Family Court of Australia – Full Court Barnell & Barnell [2020] FamCAFC 102 This case looked at the principles relevant to the assessment of contributions determining property proceedings... Read More

Appeal Exposes Unconscionability in BFA: Beroni & Corelli Case Setting aside a Binding Financial Agreement (“BFA”) by reason of undue influence and unconscionability. This was thoroughly canvassed in the Appeal, Beroni... Read More

Partial Property Distribution: The Law – Concepts and Principles Sections 79 and 80(1)(h) of the Family Law Act confer power on the Court to make orders for an interim property settlement... Read More

Section 114(3) of the Family Law Act relevantly provides that: A court exercising jurisdiction under this Act in proceedings other than proceedings to which subsection (1) applies may grant an injunction,... Read More

Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in... Read More

A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order... Read More

Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value... Read More

Section 74(1) of the Family Law Act empowers the Court to “make such order as it considers proper for the provision of maintenance” in accordance with Pt VIII of the... Read More

Can children decide which parents to live with? which parents to live with Which parents to live with? When determining the living arrangement for children post-separation, parents often wonder at what age... Read More