Family Law Update

by Chris Dimock 


The year 2012 was not a significant year for legislative change, in the area of Family Law.  There were not even any changes to the requirements for a Financial Agreement to be binding.

As if to compensate, the Government decided that budgetary considerations should result in a greater application of the “user pays” principle to customers of the Family Court and Federal Circuit Court.  The Family Law (Fees) Regulation 2012 came into effect on 1 January, 2013, and now for example introduces a levy for each Subpoena issued, and (for the Applicant) an impost whenever a settlement conference is held.

Due to the dearth of legislative news, this paper is mainly concerned with a review of a select number of interesting and newsworthy cases that were decided in 2012.

Download the PDF: Family Law Update


Calculating the Likely Split of Assets

by Chris Dimock


The Family Law Act 1975 (“the Act”) established a specialist Family Court in Australia.  As the Court has developed through infancy to maturity, the fundamentals for dealing with property cases have not changed to any significant degree.

Ours is still a discretion-based system where, even on an identical set of facts (if such a thing existed) a judgment does not have the force of binding precedent, and – dare we say it – it is a truism that no two Judges can necessarily be relied upon to produce the same result.

In this paper, Chris Dimock sets out the Court's approach to deciding property disputes, and assesses what guidance can be obtained from some of the most significant decided cases.

Download the PDF: Calculating the Likely Split of Assets


Binding Financial Agreements

by Chris Dimock

Download the PDF: Binding Financial Agreements

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