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Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

Published:
14 Nov 2024
News

Wenee Yap

Legal Features Writer for the College of Law
Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

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, which aim to modernise and improve the family law system in Australia. We spoke with accredited family law specialist Kathryn Kearley to gain a deeper understanding of the bill, its key amendments and implications.

 

What does the Bill propose?

This Bill builds on the Albanese Government’s landmark family law reforms which came into effect on 6 May 2024,” said Attorney-General Mark Dreyfus.The Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 put the best interests of children at the centre of all parenting decisions in family law matters and established new information sharing arrangements to protect against family safety risks. The Family Law Amendment Bill 2024  would ensure family and domestic violence can be taken into consideration in property settlements for separating families.”

As Kathryn Kearley explains, these reforms follow a number of reviews of the family law system undertaken in recent years, including the Australian Law Reform Commission’s Report issued in 2019.

Kathryn highlights that the Bill proposes to amend the Family Law Act 1975:

  • to enable the court to control and manage conduct of property and other proceedings not about children, including to address family violence and ensure appropriate evidence is before the court
  • to codify the duty of disclosure of parties relevant to financial information
  • to fine tune the arbitration regime in family law
  • to provide regulatory framework for Children’s Contact Services
  • to safeguard against disclosure and adducing of evidence arising from communications made in a professional confidential relationship
  • and 5 other Acts, to clarify aspects of family law and support operation of the Federal Circuit and Family Court of Australia and the Family Court of Western Australia, and
  • to provide for a review of amendments contained by the Bill.

More specifically, the Bill was referred to the Senate Legal and Constitutional Affairs Committee and it is to report on it by 30 October 2024,” Kathryn says.

The Bill is comprised of a number of schedules:

  1. Schedule 1: Property reforms 
  2. Schedule 2: Children’s Contact Services
  3. Schedule 3: Case management and procedure protecting sensitive information
  4. Schedule 4: General provisions including costs orders
  5. Schedule 5: Statutory review of the new laws three years after the amendments commence

 

Codification of Common Law principles in Property Cases

Schedule 1 of the Bill sets out the reforms by codifying the common law decision-making in property cases,” Kathryn says.

This codification included:

  • Identifying legal and equitable interests in property and the existing liabilities of the parties
  • Considering past contributions of the parties
  • Considering current and future circumstances of the parties, and
  • Ensuring that orders are just and equitable to the parties

In addition to this, as Kathryn explains, the Bill adds more factors to be taken into account and this means that in property adjustment cases, the Court can consider:

  • The effect of any intentional or reckless material waste of property or financial resources
  • The liabilities incurred by parties and the circumstances of these liabilities
  • The extent to which a party bears parental responsibilities and care for a child under 18 years of age and so this can include living arrangements and the need for either party to provide a home for the child, and
  • The impact of family violence inflicted by one party upon the other

The Bill also provides useful definitions:

“Family violence is defined in the Bill as referring to economic or financial abuse,” Kathryn says. “This definition is expanded to include unreasonably denying financial autonomy, unreasonably denying financial support and dowry abuse.”

As Attorney-General Mark Dreyfus observed, “Pets are too often used and abused in cycles of family violence. The Bill would also allow the court to consider a range of factors, including family violence, when determining ownership of pets in settlements.”

And so, the family law Courts will be able to make orders about companion animals in property proceedings,” Kathryn confirms. “Further, as disclosure is addressed in the Bill, lawyers and FDR practitioners have changed obligations in regard to disclosure.”

 

How can lawyers learn more about the Bill?

Kathryn compiled the following resources for lawyers:

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Kristen Wallwork is a highly experienced social justice specialist dedicating more than 20 years to serving local communities. In her role as Executive Director of the South-East Monash Legal Centre (SMLS), Kristen is at the coalface of emerging social justice issues. In good news, a national review is underway looking at improving funding for the Australian legal assistance sector, and first-of-its-kind grants, such as the SMLS team’s climate change grant into the legal implications of climate change disaster and day-to-day impact, are emerging.

The Succession Act 2023 introduces major changes to succession law in South Australia

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The Succession Act 2023 introduces major changes to succession law in South Australia

The Succession Act 2023, assented on 28 September 2023, makes significant reforms to South Australia’s succession laws. When it comes into effect - on a date yet to be set - it will repeal three Acts (the Administration and Probate Act 1919 (SA), the Inheritance (Family Provision) Act 1972 (SA) and the Wills Act 1936 (SA)) and amend several others that impact this area of law. We spoke with DBH Lawyers partner and Estates lawyer and College of Law Adjunct Lecturer, Megan Horsell, about what practitioners need to know about the new Act.

Lockdown lifts, but tensions may remain, says best graduating FDRP Renee Toy

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Lockdown lifts, but tensions may remain, says best graduating FDRP Renee Toy

Mediator and former family lawyer Renee Toy knows human conflict does not pause, even during the Great Pause of 2020. Renee was recently recognised as the College’s best graduating student of Family Dispute Resolution Practice (FDRP), a prize generously sponsored by Barry.Nilsson.Lawyers

Mediation or FDRP: Which path is right for you?

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Mediation or FDRP: Which path is right for you?

Considering a career in dispute resolution? You’re onto something. Helping people find resolutions to their problems – strategically and cost-effectively – is stimulating and rewarding work. But how do you get into the field?

There are several different pathways available to you, each requiring specific training and experience. Here, we’ll take a closer look at the two different specialisms.

5 Ways the Legal Profession is Set to Change in the Next 50 Years

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5 Ways the Legal Profession is Set to Change in the Next 50 Years

It’s no secret that the legal profession has been undergoing a paradigm shift. Factors such as the Global Financial Crisis, the advancement of technology and the growing number of law students have led to the streamlining of many law firms, the automation of many tasks and fierce competition between a larger pool of lawyers for a smaller range of roles. What are the implications? What will the legal profession look like in fifty years?

Amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

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Amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

The REIQ contract for houses and residential land and REIQ contract for residential lots in a community title scheme have been amended as of 7 June 2024. Tara Cush, lecturer at the College of Law Queensland, provides an overview of how these amendments will impact REIQ contracts. 

Supporting Neurodivergent Children: A Guide for Family Lawyers

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Supporting Neurodivergent Children: A Guide for Family Lawyers

While divorce and separation are difficult for any child, for children with neurodivergent needs, these transitions can present their own set of challenges. The College sat down with Kathryn Schuck, Principal of Inclusive Family Law and Mediation, to delve into effective strategies family lawyers can employ to advocate for these children and navigate the complexities of custody agreements.

The Legal Operations role is indispensable to today’s law firms as well as to legal departments

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The Legal Operations role is indispensable to today’s law firms as well as to legal departments

To navigate a rapidly changing sector, the role of Head of Legal Operations has sprung into life. 

How I broke into… Business law with Andrew Boog

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How I broke into… Business law with Andrew Boog

Insights spoke to Andrew Boog about how he came to be a business law expert, what he enjoys most about the field, and what advice he might have for lawyers looking to move into business law.

Family Law Amendment Bill 2024 aims to simplify Financial Division and strengthen protection for Domestic Violence Victims

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Family Law Amendment Bill 2024 aims to simplify Financial Division and strengthen protection for Domestic Violence Victims

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.

How Mediation Techniques Can Help Lawyers

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How Mediation Techniques Can Help Lawyers

Mediation techniques can help lawyers move beyond legal entitlements to understand what clients really want—often leading to faster, more durable outcomes.

Meet Sian Ogge, Best Graduating Student in Wills & Estates

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Meet Sian Ogge, Best Graduating Student in Wills & Estates

Learn how Sian Ogge was promoted to Senior Associate after completing an LLM in Applied Law (Wills & Estates), in which she was recently named Best Graduating Student.

How David Peaston, Best Graduating Student in Wills & Estates, juggled work, life and an LLM

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How David Peaston, Best Graduating Student in Wills & Estates, juggled work, life and an LLM

David Peaston has done it all: co-owned a Perisher Valley ski lodge, expanded the family electrical manufacturing business which was then sold to a public company, serving as COO to the purchasing company. In 2008, he returned to the law, and in 2016, established his own practice focussing on wills and estates, property and commercial law.

Considering an LLM? A Graduate Certificate in Applied Law could be a smarter first step

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Considering an LLM? A Graduate Certificate in Applied Law could be a smarter first step

Looking to boost your legal career but not ready to dive into a full-on Master of Laws (LLM)? The Graduate Certificate in Applied Law might be the answer. Offering a flexible and affordable way to upskill, the Graduate Certificate is perfect for busy legal professionals who want to sharpen their skills or master a particular field.

Freezing orders or interlocutory injunctions in TFMs with Tasman Fleming

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Freezing orders or interlocutory injunctions in TFMs with Tasman Fleming

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.

Naaman v Jaken: No Fiduciary Duty To Successive Trustees

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Naaman v Jaken: No Fiduciary Duty To Successive Trustees

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.

RELATED COURSES

In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
Sharpen your oral advocacy skills in family law with this 10-hour, self-paced on-demand short course. This is part of our larger Digital Certificate in Family Law Advocacy course. Learn to deliver persuasive submissions, examine witnesses, and apply evidence rules with confidence. Through practical training and real-case insights, you’ll gain the expertise to advocate effectively in court hearings and dispute resolution settings.
Sharpen your oral advocacy skills in family law with this 10-hour, self-paced on-demand short course. This is part of our larger Digital Certificate in Family Law Advocacy course. Learn to deliver persuasive submissions, examine witnesses, and apply evidence rules with confidence. Through practical training and real-case insights, you’ll gain the expertise to advocate effectively in court hearings and dispute resolution settings.
Enhance your written advocacy skills in family law with this advanced 10-hour, self-paced on-demand short course. This is a part of our larger Digital Certificate in Family Law Advocacy course. Here you will learn to draft persuasive case outlines, written submissions, and position statements with clarity and precision. Gain practical techniques to strengthen your legal writing for court hearings and dispute resolution, ensuring the best outcomes for clients.
Enhance your written advocacy skills in family law with this advanced 10-hour, self-paced on-demand short course. This is a part of our larger Digital Certificate in Family Law Advocacy course. Here you will learn to draft persuasive case outlines, written submissions, and position statements with clarity and precision. Gain practical techniques to strengthen your legal writing for court hearings and dispute resolution, ensuring the best outcomes for clients.
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
A Graduate Diploma of Applied Law (Family Law) provides the flexibility to balance work, life and study as you gain critical understanding and qualifications to create a meaningful career in family law.
A Graduate Diploma of Applied Law (Family Law) provides the flexibility to balance work, life and study as you gain critical understanding and qualifications to create a meaningful career in family law.
Master the art of oral, written and ethical advocacy in family law with this 40-hour, self-paced course. Gain the skills to argue persuasively, draft compelling legal documents, and uphold professional standards. Complete the final assignment to earn your Digital Certificate, showcasing your expertise in family law advocacy.
Master the art of oral, written and ethical advocacy in family law with this 40-hour, self-paced course. Gain the skills to argue persuasively, draft compelling legal documents, and uphold professional standards. Complete the final assignment to earn your Digital Certificate, showcasing your expertise in family law advocacy.
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
Master ethical advocacy in family law with this advanced 10-hour, self-paced short course. This is a part of our larger Digital Certificate in Family Law Advocacy course. Here you will develop the skills to navigate court proceedings, uphold professional standards, and tackle complex ethical challenges. Through real case studies and best-practice insights, you’ll refine your advocacy, ensuring confidence, integrity, and strategic execution in every case.
Master ethical advocacy in family law with this advanced 10-hour, self-paced short course. This is a part of our larger Digital Certificate in Family Law Advocacy course. Here you will develop the skills to navigate court proceedings, uphold professional standards, and tackle complex ethical challenges. Through real case studies and best-practice insights, you’ll refine your advocacy, ensuring confidence, integrity, and strategic execution in every case.
Date & time: 19 November 2025, 1pm to 2pm AEDT. Join our one-hour live webinar to learn about recent changes to the Family Law Practice and the amendments to the Family Law Act that impact couples seeking to resolve their parenting, and property and financial matters.
Date & time: 19 November 2025, 1pm to 2pm AEDT. Join our one-hour live webinar to learn about recent changes to the Family Law Practice and the amendments to the Family Law Act that impact couples seeking to resolve their parenting, and property and financial matters.
A Master of Laws majoring in Family Dispute Resolution Practice will cover family law and the place of mediation within family law. You will acquire the requisite knowledge to enable you, as a family dispute resolution practitioner (FDRP), to contextualise and appreciate each party’s unique situation within the family law framework, and assist each of them to understand your role and their respective roles in the process.
A Master of Laws majoring in Family Dispute Resolution Practice will cover family law and the place of mediation within family law. You will acquire the requisite knowledge to enable you, as a family dispute resolution practitioner (FDRP), to contextualise and appreciate each party’s unique situation within the family law framework, and assist each of them to understand your role and their respective roles in the process.
23 October 2025, 9.00am to 4.00pm AEDT. Join our full-day live webinar to gain essential knowledge and skills in family law, including the legal framework, dispute resolution, family law proceedings, and ethical responsibilities. Build your confidence as you learn the practice and procedures in Australia, the importance of dispute resolution, the steps in family law matters, and professional obligations in family law practice.
23 October 2025, 9.00am to 4.00pm AEDT. Join our full-day live webinar to gain essential knowledge and skills in family law, including the legal framework, dispute resolution, family law proceedings, and ethical responsibilities. Build your confidence as you learn the practice and procedures in Australia, the importance of dispute resolution, the steps in family law matters, and professional obligations in family law practice.
A Graduate Diploma of Family Dispute Resolution Practice provides the flexibility to balance work and life while learning to help families reach their own agreements, and where possible, give a voice to children so they can shape their own future.
A Graduate Diploma of Family Dispute Resolution Practice provides the flexibility to balance work and life while learning to help families reach their own agreements, and where possible, give a voice to children so they can shape their own future.
By focusing on the resolution of financial issues, including property settlement and spouse maintenance, this course will help you better support your clients during this difficult process. It will guide you through the steps in making an initiating application for financial orders in the Federal Circuit and Family Court of Australia (FCFCOA). 
By focusing on the resolution of financial issues, including property settlement and spouse maintenance, this course will help you better support your clients during this difficult process. It will guide you through the steps in making an initiating application for financial orders in the Federal Circuit and Family Court of Australia (FCFCOA). 
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