Australia: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Complete Guide To Parenting Plans In Australia (2026)

When parents separate in Australia, a parenting plan offers a flexible, low-cost way to establish care arrangements for children without court involvement. This comprehensive guide examines how these voluntary agreements work, what they must include, and the critical distinction between parenting plans and legally enforceable consent orders.

Australia Family

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Unified Lawyers

Juris What? What Is Accrued And Cross-vested Jurisdiction?

Family law matters often intersect with other legal areas, creating jurisdictional complexities that can complcomplicate proceedings. Understanding how federal courts can exercise accrued and cross-vested jurisdiction allows related disputes to be resolved together, potentially streamlining the legal process and avoiding multiple separate proceedings.

Australia Litigation

CG

Coleman Greig Lawyers

Mandatory Procedures Before Filing A Family Law Court Application

Family Law Courts mandate specific pre-action procedures requiring parties to attempt resolution before filing court applications. Understanding these genuine steps requirements, disclosure obligations, and available exemptions is crucial for anyone navigating parenting or financial disputes in the Federal Circuit and Family Court of Australia.

Australia Family

CO

Carroll & O'Dea

What Is A Consent Order? The Court-Enforceable Parenting Agreement

You and your ex have reached a deal about the kids. That is the hard part. But an agreement you have shaken hands on is only as strong as the goodwill behind it. A consent order is how you make that deal official - a written arrangement the court approves, which then becomes legally binding, without anyone fighting it out in front of a judge.

Australia Family

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Unified Lawyers

How Are Goodwill Assets Valued In A Divorce Settlement In Australia?

Australia Family

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Unified Lawyers

Break And Enter Laws: Is It Legal To Forcibly Enter An Ex Partners Home After Moving Out?

Australia Criminal

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Criminal Defence Lawyers Australia

Why Every Adult Needs A Will: Estate Planning Myths Explained

Australia Family

BN

Barry Nilsson

IVF Embryo Errors And The Law: Compensating The Incalculable Loss

Australia Family

BN

Barry Nilsson

Pro Hac Vice: Employer Escapes Liability For Employee’s Negligent Driving

Australia Litigation

BN

Barry Nilsson

Intent Over Ink: When Can An Unsigned Deed Bind Parties

Australia Family

BN

Barry Nilsson

Disclosure: When Is Enough Enough?

Australia Family

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Swaab

Want Your Last Wishes Honoured? Don’t Draft Your Will In Your Notes App - Real Money, The Sydney Morning Herald

Australia Family

BN

Barry Nilsson

Victoria Looks To Tighten Up The Regulatory Framework For The Handling Of Dangerous Goods

Australia Employment

BN

Barry Nilsson

How To Apply For A Divorce In NSW: A Step-by-Step Guide [Updated 2026]

Australia Family

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Unified Lawyers

ADR In Personal Injury Claims: A Comparison Between The Approach In England And Wales And Queensland, Australia (Podcast)

Australia Litigation

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Gatehouse Chambers

Interview With The CEO Of ARITA (Video)

Australia Insolvency

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Cathro & Partners

AI In The Boardroom: Judgment, Information Systems And The Modern Duty Of Care

Australia Technology

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Corrs Chambers Westgarth

Struggling With Personal Debts (Video)

Australia Insolvency

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Worrells

Essential ESG: Episode 29 – Inside Australia’s New Scams Prevention Framework (Podcast)

Australia Commercial

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Corrs Chambers Westgarth

How Much Does A Divorce Cost In Victoria?

Understanding the true cost of divorce in Victoria goes beyond the $1,125 court filing fee. From lawyer rates and mediation expenses to property settlement complexities, discover what drives divorce costs up or down and learn practical strategies to manage expenses while protecting your interests throughout the separation process.

Australia Family

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Unified Lawyers

When Contracting Out Doesn’t Prevent Liability: Owner And Occupier Held Liable Over Unsafe Diving Platform

In this recent decision, the New South Wales District Court held that the Federation Council owed and breached a duty of care despite contracting operations to a third party, awarding damages of $165,000 to the plaintiff and enforcing indemnity obligations requiring Remlap to indemnify the Federation Council for the plaintiff’s claim.

Australia Family

BN

Barry Nilsson

School’s Duty Of Care To Employee Examined When An Aggrieved Parent Is On Grounds

The Queensland Supreme Court has found that that a school did not breach the duty of care owed to an employee by failing to eject an aggrieved parent, by failing to activate a lockdown or by failing to forewarn the employee via telephone of the parent’s presence.

Australia Employment

BN

Barry Nilsson

Insurers Not Directly Joined To Proceedings For Claimed Defective Plumbing Work

Whether the Court of Appeal should overturn a decision of the County Court to refuse to directly join the respondents’ insurers to a proceeding seeking damages for allegedly defective plumbing works carried out by the respondents, and whether there was any error in the trial judge’s interpretation of the relevant Ministerial Order.

Australia Insurance

BN

Barry Nilsson

The 2026 Federal Budget: Implications Of Proposed Tax Changes To Testamentary Discretionary Trusts

BN

Barry Nilsson

What The Trust Tax Changes Mean For Your Inheritance - Real Money, The Sydney Morning Herald

Australia Family

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Barry Nilsson

Can I contest a Will?

Australia Family

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PCL Lawyers

How Much Child Support Will I Pay Or Receive In Australia?

Australia Family

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Unified Lawyers

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

Australia Litigation

BN

Barry Nilsson

DVO Queensland : How To Apply, What It Means, What Happens Next

Australia Family

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Unified Lawyers

Child Support Change Of Assessment : All 10 Reasons Explained

Australia Family

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Unified Lawyers

Defining “Worker” Under The WCRA – Navigating The Overlap Between Partnerships, Directors, And Employees

Australia Employment

BN

Barry Nilsson

Artificial Conception And Parentage

Australia Family

CG

Coleman Greig Lawyers

Five Ways The 2026 Federal Budget Could Affect Family Law Property Settlements

Australia Family

CG

Cooper Grace Ward

Child Support Change Of Assessment : All 10 Reasons Explained

When the standard child support formula doesn't reflect your family's reality, a change of assessment application can help. This comprehensive guide explores all 10 grounds for requesting a child support adjustment in Australia, from high care costs and travel expenses to income minimisation and special needs, explaining when each applies and what evidence you'll need to succeed.

Australia Family

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Unified Lawyers

Defining “Worker” Under The WCRA – Navigating The Overlap Between Partnerships, Directors, And Employees

This matter involved a workplace accident in which the plaintiff sustained severe injuries when a tractor fell on him while he was performing repairs to a tractor on a sugar cane farm.

Australia Employment

BN

Barry Nilsson

Artificial Conception And Parentage

Artificial conception can raise complex questions about who is legally recognised as a child’s parents, with important implications for parenting arrangements and child support.

Australia Family

CG

Coleman Greig Lawyers

Five Ways The 2026 Federal Budget Could Affect Family Law Property Settlements

This year’s Budget proposes changes to negative gearing, capital gains tax, discretionary trusts, tax deductions and housing policy. These changes could affect valuations, tax advice, settlement structures...

Australia Family

CG

Cooper Grace Ward

Heirs Apparent: When Will Drafting Errors Expose Solicitors To Liability

Australia Family

BN

Barry Nilsson

Family Violence And Property Settlements: What Changed In June 2025 And What It Means Now

Family violence is now more clearly recognised within the property settlement framework. However, the case law is still catching up.

Australia Family

CG

Cooper Grace Ward

How Much Does Mediation Cost In Australia

For separating couples in Australia, understanding how much mediation costs is often a major concern.

Australia Family

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Unified Lawyers

“The Family Court was misled by my husband’s undervalued assets.” Which case won?

A couple moved in together in 1992 and married in 1997, but ultimately separated and were divorced in 2005. In July 2005, they reached an agreement on how to divide their property and jointly applied for consent orders, which were made by the Family Court.

Australia Family

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Stacks Law Firm

My stepfather didn’t make adequate provision for me in his will.” Which case won?

After payment of debts and funeral and testamentary expenses, each of his children was to receive 40 per cent of his estate, his granddaughter ten per cent, and his grandsons who were living at the date of his death the remaining ten per cent divided between them.

Australia Family

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Stacks Law Firm

Splitting Your Shares Between The Kids? It's Not As Simple As You Think

Australia Family

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Kalus Kenny Intelex

5 quick tips for finding the right family lawyer

Australia Family

BN

Barry Nilsson

Do the 2025 Family Law Changes Apply to My Case? A Plain-English Guide to the Transitional Rules

Australia Family

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Unified Lawyers

Child support after 18: when it continues and when the Court steps in

Australia About Mondaq

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Cooper Grace Ward

When is a Financial Agreement not binding? (Whittle & Whittle No 2)

Australia About Mondaq

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Bartier Perry

Can your ex subpoena your therapy records? How protected confidences work under the 2025 family law changes

Australia Family

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Unified Lawyers

Grey Divorce in Australia : What It Means for Your Super, Property and Future

Australia Family

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Unified Lawyers

De facto relationships in Australia

Australia Family

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PCL Lawyers

Binding Financial Agreement QLD Cost

Australia Family

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Unified Lawyers

How much does mediation cost in Queensland

Australia Family

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Unified Lawyers

What is the Difference Between a Consent Order and a Binding Financial Agreement?

Australia Family

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LegalVision

To be or not to be on the witness stand – Evidence of children in family law matters

Australia Family

CG

Coleman Greig Lawyers

Negotiating with your ex: practical strategies for calmer, more effective outcomes

Australia Family

CG

Cooper Grace Ward

Spousal Maintenance Guide 2026

Australia Family

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Unified Lawyers

Why Cryptocurrency Is Not "Untouchable" In Divorce Proceedings

Australia Family

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Unified Lawyers

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Latest Videos

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BFA Family Law Basics 2025

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JB Solicitors

Home Affairs and the Tribunal Should Provide Logical Reasons for Their Decisions

RM

Roam Migration Law

The latest divorce statistics and how to protect yourself

CG

Cooper Grace Ward

[Video] De facto vs. marriage – What's the difference?

CG

Cooper Grace Ward

[Video] The rule of three in children's matters in family law

CG

Cooper Grace Ward

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