Family Law

The National Contravention List – Family Law matters

In September 2021, a new National Contravention List was established to deal with contravention applications filed in the Federal Circuit and Family Court of Australia. Contraventions of orders affecting children are covered by Division 13A of Part VII of the Family Law Act 1975. Contraventions of orders not affecting children, such as property orders, are …

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Surrogacy in NSW: Who can make an application for surrogacy?

We have written briefly about applications for surrogacy in New South Wales in the past. In that article, we wrote that generally, a couple (or a person) looking to enter into a surrogacy arrangement with a birth mother (and her partner) must have satisfy a number of matters. The most important matters are that: There …

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Can the Court listen to the children’s wishes?

Parenting matters before the Family Court of Australia or Federal Circuit Court of Australia are organically complex as they deal with what is arguably the most important part of someone’s life, their family and children. It is therefore an understandable impulse to want the Court to listen and understand what the children want and feel …

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Inheritance received after separation in Family Law Property

When the Court determines family law property settlements, they are required to consider all aspects of a parties’ financial circumstances. The Full Court has held “all of the property held by both of the parties or either of them can be subject of orders, regardless of when particular assets were acquired.” The case quoted above …

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