How to Challenge a Child Support Assessment

A Child Support assessment is generally made when a child’s parents separate, providing the primary carer of the child/ren with sufficient income from the other parent in order to support and raise the child/ren…

Divorce and Property Dispute: Preparing for Litigation

In this final article I wish to discuss the method by which the parties can protect their properties using the knowledge of the first two articles. This article especially will help those who are preparing themselves for the daunting task of litigating…

Implications to Pre-Nuptial Agreements – the Pole Dancer Case: Wallace v Stelzer

In January 2011, the Family Court decision of Wallace v Stelzer [1. [2011] FamCA 54.] brought much needed certainty to the, often convoluted, area of pre-nupital agreements also known as Binding Financial Agreements or ‘BFA’…

Everything you need to know about Family Trusts: Part 2 – Avoiding Pitfalls

A Family Trust can bring forth great benefits in the forms of tax savings and asset protection. However, it can also cause many problems if not set up properly. In this article we provide methods of setting it up and avoiding Family Trust pitfalls…

Overview of the AIFS Independent Children’s Lawyer Study

In May 2013 the Australian Institute of Family Studies issued their final report of a study into the effectiveness of Independent Children’s Lawyers in the Australian Family Law System and these are the results. ..

Family Reports and the Psychology Industry in Family Law: Expert Interview

Family Law Express interviewed Dr. Travis Gee, a Brisbane psychologist on his views of the psychology industry in the Family Law context…

Unacceptable Risk: Standard of Proof in Determining Child Abuse in Family Law

The nature of child abuse in a family context makes such cases difficult to prove. For this very reason, it is imperative that the law develops an approach to cater to the evidentiary difficulties involved in child abuse cases to ensure that children are free from abuse or risk of abuse. ..

What is Family Violence according to the Family Courts?

More generally, this article aims to create a greater awareness of the different types of family violence that are now considered by the family law courts as family violence. This includes a range of behaviours that most people would not typically consider to be a form of ‘physical assault’ or a ‘threat’ of violence…