02 9222 8000


Family Law

Family Law Wills and Estates November 7, 2016

Family provision claims by grandchildren in NSW

Family Provisions claims made by grandchildren have no guarantee of success even where there has been some level of dependency on the grandparent. These claims are complex and expert advice is needed to assess whether there are any genuine prospects of succeeding.

Family Law January 11, 2016

Moving your children to another city? Check with your family lawyer first.

When a relationship breaks down, it can take its toll on everyone involved, and not just the former spouses. Sometimes, parents cannot agree, and find that going to Court is the only realistic option to resolve a dispute. Cases where the parties are unable to reach agreement usually involve one parent proposing to make a big change in the children’s lives.

Family Law October 12, 2015

Divorcing in Australia: All about Irretrievable breakdown and Separation

It was recently reported in the Canberra City News that a couple would divorce one another if the Federal Parliament was to pass any amendment to the Marriage Act 1961 (Cth) recognizing marriage equality. However, it unlikely that this couple would be granted a divorce by the Family Court of Australia, and this article explains why that may be the case.

Family Law October 12, 2015

The Story of Mr K & Mr M: Why you need an Accredited Specialist Family Lawyer

In a judgment delivered earlier this year, a Western Australian Family Law solicitor was ordered to repay $110,000 after it was determined that he had overcharged his client and had not kept proper time records.

Family Law October 12, 2015

The Relevance of Domestic Abuse in Family Law Matters

Domestic abuse has seen a great deal of attention in the news lately. In a 2007 study, the Australian Institute of Family Studies observed that domestic abuse is alleged in roughly 60% of the Family Law cases brought before the Courts.

Proving a De facto relationship in the Family Courts

When the Federal government introduced the Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008 (Cth) it signified an important recognition of the rights of de facto spouses in the Family Law jurisdiction. The legislation served to confer on same-sex and opposite-sex de facto couples the same rights enjoyed by married couples […]

Family Law June 28, 2015

Letter to the editor from the Law Society Journal, June 2015

Not all fair in family law It is with dismay I read that the Attorney-General proposes to increase filing fees for Family Law matters, projecting to collect some $87 million of which only $22.5 million will be applied towards “streamlining the Federal Court, the Federal Circuit Court and the Family Court of Australia”. As the […]

Claims By Stepchildren Against Deceased Estates

A stepchild of a deceased person can be an eligible person to make a claim for provision from the step parent’s estate pursuant to Section 57 (1)(e) of the New South Wales Succession Act 2006. However, the step child must have been at any particular time wholly or partly dependent upon the deceased person and […]

Estranged Children Make Successful Claim Against Fathers Deceased Estate

Children Estranged From Their Father For 21 Years After Father’s Divorce Make Successful Claim Against His Deceased Estate In the recent Supreme Court decision in Poletti v Jones [2014] NSWSC 715 (4 June 2014) two daughters who were estranged from their father for 21 years after he divorced their mother successfully brought a family provisional […]

Family Law Wills and Estates April 23, 2015

Prospective Inheritances in Family Law Property Proceedings

This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]