A wrath of changes will be imposed upon Queensland legal practitioners, real estate agents, landlords, and mortgagees when the Property Law Act 2023 comes into effect on 1 August 2025. According to Tara Cush, College of Law lecturer Queensland, there will be the need to use specific forms to meet obligations under the new Act.
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 High Court has clarified the relationship between successive trustees in the recent decision of Naaman v Jaken Properties. Tasman Fleming, barrister and nationally accredited mediator (NMAS) and adjunct lecturer at the College of Law, reviews this significant case which addresses whether a successor trustee owes fiduciary obligations to a former trustee in respect of that former trustee's right of indemnity.
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.
Linda Kochanski AM is a key figure in the transition from the National Mediator Accreditation System (NMAS) to the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS). Linda sheds light on these significant accreditation changes and Jeffrey Roth, Head of Short Courses at the College, discusses the new Lawyer Mediation Accreditation (LMA) Scheme recently announced by the Law Society of NSW.
Major reforms to South Australia’s succession laws came into force on 1 January 2025. The new year saw the repeal of three Acts (the Administration and Probate Act 1919 (SA), the Inheritance (Family Provision) Act 1972 (SA) and the Wills Act 1936 (SA)), replacing these with a single Succession Act 2023. These are the most significant changes to be made in 30 years, Lawyer Megan Horsell outlines what you need to know.
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.
Tasman Ash Fleming, a barrister and accredited mediator (NMAS), highlights the importance of considering what is the purpose of the order sought. This article looks at the recent decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (‘Hagendorfer’) and addresses potential risks and provides guidance for practitioners to mitigate these risks.
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.
The Family Law Amendment Bill 2024 seeks to modernise and improve Australia's family law system, focusing on the key areas of property division and family violence. According to Commonwealth Attorney-General Mark Dreyfus KC, these reforms are intended “to make the division of property and finances safer, simpler, and fairer for separating families, especially where family violence is present.