In the era of late-night Tinder swipes and situationship TikToks, Australia’s family law courts are playing referee in disputes where the label of “de facto” is anything but straightforward. To explore how the Family Law Act and recent cases determine whether you’re de facto, is Kathryn Kearley, College of Law lecturer, family law specialist, and our regular Family Law contributor.
The Family Law Amendment Act 2024 transformed how property matters are handled in family law proceedings as it took effect on 10 June 2025. These amendments represent the most significant changes to property settlement, introducing new considerations to property adjustment framework. We caught up with family lawyer Kathryn Kearley to discuss these changes, particularly the amendments in property adjustment and financial cases.
From 10 June 2025, major changes to the Family Law Act 1975 (‘the Act’) took effect across Australia. The Family Law Amendment Act 2024 introduced sweeping reforms to property settlement, following on from amendments regarding parenting arrangements and information sharing (which commenced in May 2024 under the Family Law Amendment Act 2023).
Family law practitioners may be well acquainted with the significance of the Rice and Asplund case when seeking to vary parenting orders. Mark Youssef, partner at Unified Lawyers and Accredited Specialist in Family Law, provides valuable insights into this fundamental threshold test, its practical application, and considerations for legal practitioners navigating this complex area.
Family Law can be a challenging practice area at times. To assist we have collated a range of family law resources, from bench books to trauma-informed practice guides. These tools can assist family lawyers in navigating complex cases, particularly when dealing with matters involving domestic violence, trauma, and vulnerable clients.
The Federal Circuit and Family Court of Australia recently announced an expansion of its innovative Court Dog Program, with three new facility dogs set to join the Sydney, Parramatta and Newcastle registries early this year. This expansion, funded by the Law Society of New South Wales, builds upon the program's remarkable success in Melbourne and Hobart.
The Family Law Amendment Act 2024 received Royal Assent on 10 December 2024. These amendments are a result of recommendations made by the Senate Legal and Constitutional Affairs Legislation Committee, the Australian Law Reform Commission’s review of the family law system as well as feedback from stakeholders. These recommendations include changes to provisions concerning companion animals, taking a less adversarial approach, disclosure, divorce, protected confidences, and costs orders.
Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.