Family and Matrimonial

In 2024, the Family Law Act was amended to give the Court the power to make a “harmful proceedings order”. These orders are designed to prevent a party from repeatedly bringing applications before the Court without first obtaining permission to do so.

When couples separate in Australia, superannuation is always included in the property pool and subject to division. Whether you keep your super, split it with your former spouse, or negotiate an alternative arrangement depends on mutual agreement or the court's assessment of contributions and future needs.

Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r

Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?

On 18 June 2026, the Federal Government announced targeted tax concessions following consultation on its 2026–27 Budget measures. These updates refine the position announced on 12 May 2026, as outlined in Federal Budget 2026–27: key tax changes and what clients need to know.

The NSW Supreme Court is increasingly capping legal costs in family provision proceedings, especially in smaller estates. Two recent Supreme Court decisions, Lord v Craig [2026] NSWSC 17 (Lord) and Re Estate Weinberger [2026] NSWSC 158 (Weinberger) illustrate why the Court is taking control of legal costs in family provision cases and the likely impact on parties and practitioners involved in those cases going forwards.

When couples separate in Australia, superannuation is always included in the property pool and subject to division. Whether you keep your super, split it with your former spouse, or negotiate an alternative arrangement depends on mutual agreement or the court's assessment of contributions and future needs.

Navigating property settlement after separation in Victoria involves understanding how courts divide assets, liabilities, and financial resources between former spouses or de facto partners. The process considers financial and non-financial contributions, future needs, and the impact of family violence to reach a just and equitable outcome under the Family Law Act 1975.

If you are going through a family law separation or divorce and one of you holds a minority interest in a private company, the valuation of that interest is likely to be one of the most contested and consequential issues in your property settlement. You might assume that obtaining a business valuation expert will resolve the question.