Lander & Rogers family and relationship law practice eyes national growth

Australia's largest family law practice says legislative and procedural court changes have paved the way for national practice expansion.

Fixed pricing in family and relationship law

Family and relationship law

Family law can be complex and emotionally turbulent. We're an empathetic team with expertise in every aspect of family and relationship law, including property settlements, parenting and custody, divorce, maintenance, child support and international family law. Our team is comprised of the highest number of accredited family law specialists in Australia.

Family laws and regulations in Australia, 2021

This in-depth insight looks at family law in Australia and related cross-jurisdictional issues.

Here or there? Determining the appropriate forum for your family law dispute

The recent Full Court decision of Obannon and Scarffe [2021] FamCA FC 33 is a useful reminder of the factors to be examined when determining the most appropriate forum to initiate and continue family law proceedings following the breakdown of a relationship or marriage.

Queensland passes assisted reproductive technology legislation

On 10 September 2024, the Assisted Reproductive Technology Bill 2024 was passed by Queensland Parliament.

Business valuation and its importance during a marriage or de facto relationship breakdown

If you own a business and your marriage or de facto relationship has broken down, a business valuation will be a key component in negotiating a property settlement with your former partner. A business valuation will ensure an appropriate and reliable value is allocated to the business in question. This may be your business, your former partner’s business, or a joint business you operated together. A valuation will be based on the business’s profits, assets, and other relevant indicators. The business is often compared to similar businesses in the industry.

Courts push for arbitration as alternative solution to dispute resolution

A rise in litigation over recent years is placing growing pressure on Australia's court systems, leading to backlogs that can delay cases for up to years.

Am I in a de facto relationship? — here are some of the signs

A 'de facto' relationship is where two people who are not married or related by family, are in a relationship as a couple on a 'genuine domestic basis'. There are a number of factors that may indicate a de facto relationship. Here we list the type of evidence that may be required to prove the existence of a de facto relationship.

Harmful proceedings orders seek to protect parents and their children from unnecessary litigation

May 2024 saw significant amendments introduced to the parenting framework in Australia, including the concept of 'harmful proceedings orders'.

Tax and Family Law: What is Division 7A?

In determining a client's entitlement to a property settlement on the breakdown of a relationship, family lawyers are of course, required to consider not only the assets of the parties, but also their liabilities. Those liabilities often include mortgages and credit card debts, however the taxation liabilities of the parties must be considered and apportioned between the parties as well. Identification and valuation of a party's liabilities is as critical as identifying and valuing a party's assets.

Family Court declares Stage 3 treatment for gender dysphoria "therapeutic" in decision of Re: Matthew

In a decision delivered on 16 March 2018 (Re: Matthew [2018] FamCA 161), the Family Court of Australia (the Court) dismissed an application made by the parents of a 16-year-old child, who were seeking orders that the Court declare the child to be Gillick competent and capable of consenting to Stage 3 treatment for Gender Dysphoria.

How might courts consider parental disagreements over coronavirus vaccinations?

The Family Court has on many occasions been required to determine disputes between parents on the issue of vaccinating their children. The coronavirus vaccine, when released, is expected to enliven competing views between parents about immunisation against the disease.

Disclosure obligations in Australia

The Family Law Rules 2004 (Cth) (Rules) provide that parties involved in family law proceedings in Australia for a division of marital or de facto assets have an ongoing duty of full and frank disclosure of their financial circumstances. This includes disclosure information regarding income, property, financial resources, superannuation entitlements and liabilities.

Do I have legal rights if I'm not the child's parent?

As the diversity of family structures across Australia continues to increase, many people involved in a child's life, such as stepparents, grandparents, former partners of a parent, or other carers, may not be legal parents, but still play important roles. In family law, these individuals are often referred to as non-parents. While they may not have automatic legal rights, they can, in some cases, apply for parenting orders enabling them to spend time with or make decisions about a child.