All publications relating to ‘Family Law’
Disclosure: When is enough enough?
Disclosure, the family law equivalent of discovery in other kinds of civil proceedings, is a foundational part of family law matters. The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”) and the various predecessors of those Rules have long included a requirement that:… each party to a proceeding has a duty…
When Judges return to practice: a closer look at the decision in Tanit & Tanit
In the Federal Circuit and Family Court of Australia, being a Federal Court, the compulsory retirement age of Judges is 70 years of age. If Judges don’t retire before they turn 70 (which many Judges do), they are forced to leave the role at 70 pursuant to Section 72 of the Constitution. According…
Australian Anti-Money Laundering AML/CTF Tranche 2 laws are coming
Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act is designed to stop illegal funds from entering the financial system. It is estimated to be a $68 billion problem in Australia alone. This legislation aims to stop the flow of crime money and bring us in line with the rest of…
Matching Parenting Orders to Risk: Crafting orders to properly address the dangers in a family law matter
The focus of any parenting matter being dealt with in the Federal Circuit and Family Court of Australia is what orders are in the best interests of the child. To determine what is in the best interests of the child, the Court must consider all of the evidence presented in…
Are Prenups the height of romance? Rethinking Binding Financial Agreements
When people think about ‘romance’, they tend to imagine things like candlelight, flowers, oysters, champagne. Well, contrary to popular belief, I believe that Binding Financial Agreements should be bumped up the list. Whilst the ‘branding’ of BFA’s may need a little marketing rework, they are, at their core, a deeply loving and romantic document…
Are We; Aren’t We? Determining whether a De Facto relationship exists
As society and our views about modern relationships change, we have seen fewer people rushing to the alter, with many happy to tackle life side by side as De Facto partners. Whilst for married couples there is little difficulty proving the existence of a marriage (with the help of a Marriage Certificate)…
Compliance with Children’s Orders
Any orders made by the Federal Circuit and Family Court of Australia (FCFCOA) should be followed unless an agreement is reached with the other parent to vary or amend the Order. It is important that both parties understand what is required by them under the Orders, which includes taking all…
Use of Audio and Video Recordings in Family Law cases
It’s no secret that we are glued to our smartphones. Thanks to technological advancements, we have a ‘one stop shop’ device at our fingertips, which includes access to audio and video recordings. For many years, Family Lawyers have been presented with secret recordings taken by clients in the hopes that the…
Pause before you Post – How social media can impact your Family Law matter
Irrespective of your feelings about social media – it is here to stay. In today’s social media world ‚it seems that there is so little that we truly keep private. We’ve never been more connected or had a wider platform to share each of our intimate thoughts however, whilst some of…
Swaab 2022 Lawyer Interview Series | Nicole Pozovsky
Why did you become a lawyer? I became a Family Lawyer (specifically, as I knew very early on that this was the area I wanted to specialise in) because I feel really strongly that it’s a privilege to help people navigate the most intimate, painful and stressful ‘dispute’ of their lives. I believe that it’s so important…