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Family Law Brisbane

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Family trusts in family law: when are they considered “property”?

Understanding control, beneficial interest and the significance of Caldwell & Caldwell [2026] FedCFamC1A 81. Family trusts have long been used in Australia to preserve wealth across generations, protect assets and manage tax outcomes. But when a relationship breaks down, the question becomes sharper: can trust assets be treated as “property” in family law proceedings? The Full Court’s decision in Caldwell & Caldwell reshaped the answer. It puts the spotlight on who controls t

When is a judge required to step aside? Understanding apprehended bias in family law cases

Confidence in the justice system depends on one core principle: judges must be impartial, and must be seen to be impartial. In family law matters, emotions run high and decisions can permanently affect children, finances and futures. Even the appearance of bias can undermine trust in the outcome. So when does concern about a judge’s conduct move from discomfort to a legally recognised reasonable apprehension of bias? And what does the law actually require before a judge can b

Understanding The Family Law Amendment Bill

Lengthy Battles It has long been recognised that the present litigious proceedings in the Family Court have not been the most appropriate means of dealing with children’s issues. The Federal Government established a review committee to advise on a system that would best deal with parenting issues. As a result of the input of this committee, the Federal Government introduced a bill into parliament called the Family Law Amendment Bill (Parenting Management Hearings) Bill 2017.

Disgruntled Husband or Wife in Relationship

Why should I support my wife/partner after we separate when I actually supported her and provided all our assets throughout our entire relationship.” Unfortunately, you may have a continuing financial obligation to your former partner. The Family Law legislation provides the basis for a Court determining the financial relationship of parties after separation. The relevant factors taken into account are: Length of Relationship The longer the relationship the greater the intere

When Can the Family Court Order You to Pay Costs?

Understanding the Court’s Power and How to Protect Yourself One of the most common assumptions in family law is that everyone pays their own legal costs. While this is often true, it is not absolute. In many circumstances, the Family Court has the power to order one party to pay some or all of the other party’s legal costs and those orders can be significant. Understanding when costs may be ordered (and how to avoid them) is essential if you are involved in family law procee

How Courts Really Assess Property Contributions in Family Law Cases

Understanding Contributions in Family Law Property Settlements When a relationship ends, whether through separation or divorce, the question of who gets what becomes central. Property division under section 79 of the Family Law Act 1975 (Cth) can be complex, especially when it comes to assessing the value and weight of each party’s contributions. Contrary to widespread belief, the law does not treat property division like a balance sheet. The Full Court of the Family Cour

Some Common Misconceptions about Family Law

Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little...

What is Family Report Writer?

Before talking about family report writer interview questions, let’s talk briefly about Family Report. A family report is a document...

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