Skip to main content

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:

Share this article?

RELATED CONTENT

Bridging the Gap: Family Law Resources for Aboriginal and Torres Strait Islanders

News

Bridging the Gap: Family Law Resources for Aboriginal and Torres Strait Islanders

Family law matters are deeply personal and may be emotionally charged. For Aboriginal and Torres Strait Islander families, these challenges can be compounded by cultural considerations and historical disadvantage.

Your Guide to a Career in Mediation and Dispute Resolution

Resources

Your Guide to a Career in Mediation and Dispute Resolution

Download this guide to learn more about Dispute Resolution in a nutshell, the core expertise of a Dispute Resolution practitioner, the personal strengths of a Dispute Resolution practitioner, related areas of expertise, as well as specialisation options in Dispute Resolution such as Mediation, Family Dispute Resolution, and Collaborative law.

Meet Jess Grumelart, who studied an LLM to help her upskill and find connections in family law

News

Meet Jess Grumelart, who studied an LLM to help her upskill and find connections in family law

Learn how Jess Grumelart forged a career in family law through a chance encounter at a careers fair - and an LLM in Applied Law (Family Law). We spoke to Jess about her road to family law, how her LLM helped her connect to a community of supportive family lawyers, and what advice she might have for lawyers wondering to align their legal career with their interests and passions.

Your Guide to a Career in International Arbitration

Resources

Your Guide to a Career in International Arbitration

Download this guide to learn about a Career in International Arbitration. International arbitration is sometimes called a hybrid form of international dispute resolution, since it blends elements of civil law procedure and common law procedure, while allowing the parties a significant opportunity to design the arbitral procedure under which their dispute will be resolved.

How to Become an In-House Lawyer

News

How to Become an In-House Lawyer

It’s a common question: how do you become an in-house lawyer? Is there a good time to make the move? How do you prepare, via secondments or other relevant experience? What qualities make a great in-house lawyer?

In-house is a very different environment to a law firm, especially as most in-house teams are still relatively small – often between three to six lawyers.

Legal Operations Course Guide

Resources

Legal Operations Course Guide

Looking to optimise legal operations and improve service delivery across your firm?Download the course guide. During this course, you’ll cover everything from strategic planning to information governance to financial management. And you’ll walk away with the expertise and confidence to meet today’s legal challenges – head on.

 

Your Guide to a Career in Government and Public Sector Law

Resources

Your Guide to a Career in Government and Public Sector Law

Download your guide to a career in government and public sector law for everything you need to know about government and public sector law in a nutshell, the personal strengths of a government and public sector lawyer, the core expertise of a government and public sector lawyer, related areas of expertise, and career prospects in government and public sector law.

How to handle Direct Speech after Gan v Xie [2023] NSWCA 163

News

How to handle Direct Speech after Gan v Xie [2023] NSWCA 163

A recent case before the New South Wales Court of Appeal, Gan v Xie [2023] NSWCA 163, resurfaced issues regarding direct speech, and how it ought to appear in an affidavit. Barrister Jonathan Tsang, a College of Law graduate, spoke to us about the key implications following this decision, and what lawyers need to know moving forward.

Why ChatGPT won’t be taking your job in law…yet

News

Why ChatGPT won’t be taking your job in law…yet

Amid the AI hype and calls for a halt to AI, we examined how ChatGPT is used in law and its future impact.

Fiona Kirkman, family lawyer and co-founder of FamilyProperty, has been an early adopter, using ChatGPT for research, reviews, and summaries. We spoke with her to gain insights into its strengths and limitations in daily legal work.

Introducing the 7 National Principles to Address Coercive Control

News

Introducing the 7 National Principles to Address Coercive Control

Family lawyers must be aware of how violence can affect their clients, their client’s case and so be able to identify domestic violence. On 22 September 2023 the National Principles to Address Coercive Control in Family and Domestic Violence were released by the Attorney-General’s Department (‘A-G’).

“It’s crucial to see your legal education as ongoing, always.” – Kiarah Grace Kelly

News

“It’s crucial to see your legal education as ongoing, always.” – Kiarah Grace Kelly

Kiarah embodies the archetype of a lifelong learner – and she’s kindly shared her career tips from a serial student

"The LLM set me up beautifully for accreditation” – Adeline Schiralli, Keypoint Law

News

"The LLM set me up beautifully for accreditation” – Adeline Schiralli, Keypoint Law

Adeline Schiralli, Consulting Principal at Keypoint Law (NSW), is a master of Wills and Estates law. Literally. Adeline traces her journey to specialisation, highlighting the College of Law’s LLM as a crucial step to accreditation.

 

Major changes to the Family Law Act passed in October 2023

News

Major changes to the Family Law Act passed in October 2023

Significant reforms to Family Law have just passed parliament on 19 October 2023.The Family Law Act (1975) is impacted by these Bills - the Family Law Amendment Bill and Family Law (Information Sharing) Bill. We spoke to Family Lawyer and College of Law Adjunct Lecturer Kathryn Kearley about what these reforms involve and what lawyers need to know.

Overview of the November consultation on Family Law Amendment Bill (No. 2) 2023

News

Overview of the November consultation on Family Law Amendment Bill (No. 2) 2023

Family Law is undergoing a series of major reforms to the Family Law Act 1975 (Cth) which involves proposed changes as set out in the Family Law Amendment Bill (No. 2). Family lawyer and College of Law adjunct lecturer Kathryn Kearley provides an overview of the second tranche of reforms which have been moving through a consultation process, this ended on 10 November 2023. Here is a brief covering the Consultation on the Family Law Amendment Bill (No.2) 2023.

Becoming an FDRP: What you need to know

Resources

Becoming an FDRP: What you need to know

Unlock the insider insights to becoming a Family Dispute Resolution Practice (FDRP) in this exclusive recorded webinar by the esteemed experts at the College of Law.

Whether you're a legal professional eager to elevate your skills or a mediator aiming to expand your toolkit, this session covers all the essential details on the journey to becoming an FDRP.

Your Guide to a Career in In-House Practice

Resources

Your Guide to a Career in In-House Practice

Download your guide to a career in-house for everything you need to know about in-house practice in a nutshell, the personal strengths of an in-house lawyer, the core expertise of an in-house lawyer, related areas of expertise, and career prospects in-house.

Innovation Course Guide

Resources

Innovation Course Guide

Significant changes in legal delivery are occurring around the globe. Traditional ways of doing business have given way to innovation at lightning speed. Shift your way of thinking, solve problems efficiently and identify new opportunities for growth.

Leading and Managing People Course Guide

Resources

Leading and Managing People Course Guide

What’s the difference between management and leadership? This subject is a road map to understanding the complexities and motivations of individuals and teams, and how to lead them to success.

Graduate spotlight: Krystal Bellamy discovers her inner strength in succession law

News

Graduate spotlight: Krystal Bellamy discovers her inner strength in succession law

Navigating the legal world requires a sharp mind and empathy – especially in matters of succession law. Krystal Bellamy, a Special Counsel at HopgoodGanim Lawyers and College of Law LLM graduate, naturally embodies these traits, which have served her well as a Wills and Estates lawyer. Krystal shares the key to thriving in what some would consider a ‘morbid’ field.

Graduate spotlight: Jess Popple – a rewarding career in family law

News

Graduate spotlight: Jess Popple – a rewarding career in family law

Jess Popple, Senior Associate at Pippa Colman Family Law, has become something of a rising star in her field. Since completing her PLT and a postgraduate qualification at the College, Jess has won the Queensland Emergent Woman Lawyer of the Year Award – and served on numerous boards and associations.

Property Law Update: Off-the-plan Property Contracts

News

Property Law Update: Off-the-plan Property Contracts

The law concerning off-the-plan purchases can be complex. However, as buyers seek affordable entry points into the property market, this kind of purchase has become more and more common. To help demystify this area of law, we spoke to property lawyer Jane Macdonnell, who is a College of Law lecturer in our popular LLM program. 

Assessing Mental Capacity: A Guide from the Law Council of Australia

News

Assessing Mental Capacity: A Guide from the Law Council of Australia

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

Your Guide to a Career in Family Dispute Resolution Practice

Resources

Your Guide to a Career in Family Dispute Resolution Practice

Download your guide to a career in family dispute resolution practice for everything you need to know about FDR in a nutshell, the personal strengths of a FDR Practitioner, the core expertise of a FDRP, related areas of expertise, and career prospects in FDR.

How Ilvana Nanic pursued her childhood dream of family law

News

How Ilvana Nanic pursued her childhood dream of family law

LLM graduate Ilvana Nanic shares why she finds family law so rewarding, and her advice to lawyers interested in studying The College of Law LLM.

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

News

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

Explore how an LLM helped best graduating student (commercial litigation) Dominique Mayo advance her career.

How to break into family law with Jo Bragg

News

How to break into family law with Jo Bragg

Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

Navigating Family Law Changes: Insights from the LLM Program

Resources

Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

NSW introduces combined Succession & Probate Lists: Key Updates

News

NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

Your Guide to a Career in Legal Operations

Resources

Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

Resources

Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Dispute Resolution Postgraduate Programs Course Guide

Resources

Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Graduate Certificate in International Arbitration Practice Course Guide

Resources

Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

Resources

Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

Resources

Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a 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 a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
How to have the career you want with John Poulsen

News

How to have the career you want with John Poulsen

How do you transcend the daily grind to do work you love? When can a career become a calling? What steps can you take to achieve the career you want? We spoke to John Poulsen, former CEO of Squire Patton Boggs and Principal of People Passion Performance, for his insights on getting the career you want informed by an illustrious career in law and leadership.

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

News

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, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.

Graduates and prize winners recognised in June ceremony

News

Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

News

How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to get a government job in law: everything you need to know

News

How to get a government job in law: everything you need to know

Embarking on a legal career in local, state, or federal government can be an exciting move. There are many pathways for development, a broad range of practice areas, and often a healthy work-life balance. These roles are highly rewarding, and highly competitive, the College of Law tells you everything you need to know about landing a government job in law.

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

News

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

How to get into Wills & Estates with Rick Christie

News

How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Your Guide to a Career in Property Law

Resources

Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

Major changes ahead with the Family Law Amendment Bill 2023 in progress

News

Major changes ahead with the Family Law Amendment Bill 2023 in progress

Major changes are coming that will impact the family law system and the way practitioners operate in Australia. The Family Law Amendment Bill 2023 is currently under debate in parliament and after its third reading, it is now under review with the Senate Legal and Constitutional Affairs Legislation Committee. The College of Law will provide legal training support when the Family Law Amendment Bill commences, but in the meantime, we spoke with College of Law adjunct lecturer Kathryn Kearley to find out about the most important changes.  

Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

News

Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

The College of Law recognised over 200 graduates of its Postgraduate Specialisation Programs at the 2022 Academic Awards Ceremony on 1 August. These awards included the Master of Laws (Applied Law), Master of Applied Law (Family Law), Graduate Diplomas of Applied Law and Graduate Diploma of Family Dispute Resolution Practice (FDRP).

New Resolution Institute and The College of Law partnership to maximise skills and experience

News

New Resolution Institute and The College of Law partnership to maximise skills and experience

Resolution Institute and The College of Law are pleased to announce an exciting new partnership aimed at establishing a symbiotic cooperation which will maximise the resources of both organisations through mutual collaboration and the sharing of expertise and efforts in education and training.

Mastering Wills and Estates: Practice Updates and Program Insights

Resources

Mastering Wills and Estates: Practice Updates and Program Insights

In this webinar, three Accredited Specialists in Wills and Estates, Max Williams, Natalie Silvester, and Rachael Hocking, will provide key updates on wills and estates law across NSW, Victoria, and Queensland. They will share their experiences and motivations for pursuing specialisation, and explore how the College of Law’s postgraduate program can help advance your career and education in this field.

Top 10 Most Influential Court Cases of the Last 40 Years

News

Top 10 Most Influential Court Cases of the Last 40 Years

To mark our 40th anniversary, The College of Law recently ran a survey asking for your view on the top 10 most influential High Court of Australia cases over the last 40 years. The responses you provided us showcased a range of landmark cases, spanning from Indigenous land rights, to clashes between territory and Commonwealth, to the David-vs-Goliath legal struggles of refugees.

How lawyer Brid Heffernan went from Irish recession to a career in legal transformation

News

How lawyer Brid Heffernan went from Irish recession to a career in legal transformation

Brid Heffernan has grown through legal recruitment, litigation ops and support, and legaltech - the quintessential business of law. We caught up with Brid to trace her unlikely and impressive trajectory and experience with The College of Law.

What are the legal implications of the Voice?

News

What are the legal implications of the Voice?

Throughout the 2023 referendum, some have expressed uncertainty over the legal impact and implications of the Voice. We spoke to Associate Professors Elisa Arcioni and Andrew Edgar of the University of Sydney Law School to gain clarity over how the Voice came about, what it can (and can’t) do, and what legal practitioners need to know about the Voice.

Postgraduate Specialisation Programs - Celebrating the success of our spring graduates

News

Postgraduate Specialisation Programs - Celebrating the success of our spring graduates

We congratulate and celebrate the success of the most recent graduates of our Postgraduate Specialisation Programs. These achievements demonstrate the culmination of hard work, diligence and commitment to mastery of their chosen area of law.

What are the essential traits that make a good mediator? The answer might surprise you

News

What are the essential traits that make a good mediator? The answer might surprise you

While lawyers possess an impressive arsenal of skills those required in mediation aren’t necessarily what you think. We spoke to Family Dispute Resolution Practitioner and Alternative Dispute Resolution Academic of the Year, the College of Law’s Linda Kochanski, on what makes for a great mediator, the skills you need, and personalities that fit - and, at times, don’t naturally fit - mediation. 

Understanding Priority Notices: Property Law Practice Update

News

Understanding Priority Notices: Property Law Practice Update

Priority Notices are a relatively new feature in Real Property that property lawyers need to work with, and as such, they are not always well understood. Here to demystify how Priority Notices work, how they came about, and when and how to use them is property lawyer Greg Stilianou.

More like a mentorship than a degree" – Max Williams, de Groots Wills and Estates Lawyers

News

More like a mentorship than a degree" – Max Williams, de Groots Wills and Estates Lawyers

Max recounts his path to discovering his passion in Wills and Estates – and how the College of Law helped him along the way.

Thriving through an LLM and Specialist Accreditation: Meet Carmel Morrison

News

Thriving through an LLM and Specialist Accreditation: Meet Carmel Morrison

Learn how Carmel Morrison returned to study with an LLM, and Specialist Accreditation.

Meet Alexandra Brand, Senior Associate and Legal Business Graduate

News

Meet Alexandra Brand, Senior Associate and Legal Business Graduate

Learn why senior associate Alexandra Brand studied legal business subjects to improve her knowledge of marketing, pricing, strategy, and client service.

Commercial Litigation Postgraduate Programs Course Guide

Resources

Commercial Litigation Postgraduate Programs Course Guide

Download the Commercial Litigation Postgraduate Course Guide to explore how our tailored program can enhance your legal expertise and open up new opportunities in the profession.

Wills and Estates Postgraduate Programs Course Guide

Resources

Wills and Estates Postgraduate Programs Course Guide

Download the Wills and Estates Postgraduate Programs Course Guide and discover how our program can equip you with the knowledge and skills to navigate the complex world of estate planning, probate, and elder law.

ASEAN+6 Legal Practice Postgraduate Program Course Guide

Resources

ASEAN+6 Legal Practice Postgraduate Program Course Guide

Download the ASEAN+6 Legal Practice Postgraduate Course Guide to discover how our program can prepare you for navigating complex international agreements and disputes across the ASEAN+6 region.

Business Strategy Subject Course Guide

Resources

Business Strategy Subject Course Guide

Learn practical tools and strategic approaches to spearhead your organisation into the future.

Career and family law insights from the Honourable Robert Benjamin AM SC

News

Career and family law insights from the Honourable Robert Benjamin AM SC

The Honourable Robert Benjamin AM SC has been a leading light in the Australian family legal system for decades. In his roles as Judge, Commissioner, President of the New South Wales Law Society, Chair of the College of Law, practitioner and meditator – Robert has had a profound impact on many areas of the law and continues to do so today. We asked the former Justice of the Family Court of Australia for insights into his extraordinary career and today’s family law practices.

Top 10 Most Influential Court Cases of the 21st Century

News

Top 10 Most Influential Court Cases of the 21st Century

Nothing captures the public’s imagination quite like a great court case. From Trump’s declaration that he is a “very innocent person” to Bruce Lehrmann’s defamation-chasing criminal trial, watching people have their day in court is oddly compelling. The College decided it was high time we looked at the headline-making trials from the 21st century and the flow-on effects these rulings had. Here are the top ten court cases that have held Australia’s collective attention.

Change is coming to e-Conveyancing ELNOs, says Greg Stilianou

News

Change is coming to e-Conveyancing ELNOs, says Greg Stilianou

Every conveyancer and property lawyer has become a master of an ELNO - or Electronic Lodgment Network Operator. PEXA was the first ELNO allowed to operate in Australia, its stronghold, however, looks set to change with updates to the Operating Requirements and Participation Rules introducing interoperability provisions. Competitors like Sympli will be able to compete more meaningfully. We spoke to experienced property lawyer and college lecturer Greg Stilianou to find out what property lawyers and conveyancers need to know. 

Your Guide to a Career in Family Law

Resources

Your Guide to a Career in Family Law

As a family lawyer, you will influence the lives of families who come to you for support and expertise during times of great upheaval and trauma. Download your guide to a career in family law.

How to get into criminal and domestic violence law with Belinda Robinson

News

How to get into criminal and domestic violence law with Belinda Robinson

Learn what it’s like to work in criminal and domestic violence law with Belinda Robinson, who runs her own practice on the Sunshine Coast.

Embracing the Asian Century with APAC Legal Counsel, Haylen Pong

News

Embracing the Asian Century with APAC Legal Counsel, Haylen Pong

It is time for Australian lawyers to become better connected with our regional neighbours, says Diligent Corporation's Asia Pacific Legal Counsel, Haylen Pong. Her role at Diligent, a modern governance company, requires frequent interaction with stakeholders, legal counterparts and other commercial interests across in APAC region.

Complete overhaul of the Queensland Property Law Act 1974 is coming

News

Complete overhaul of the Queensland Property Law Act 1974 is coming

Queensland is on track to require a stronger duty of disclosure upon Sellers, bringing them in greater alignment with Australia’s southern states. These reforms come as part of a proposed Property Law Bill 2023, which, if passed, is likely to have significant implications for property lawyers practising in Queensland. We spoke to College of Law lecturer Tara Cush on the implications of these reforms, what they involve, and what lawyers need to know.

From LLB to LLM: Take Your Legal Career To The Next Level

Resources

From LLB to LLM: Take Your Legal Career To The Next Level

Have you thought about postgraduate studies? Not sure what it's like, what it takes, and the positive impact it could have on your career? This webinar recording was presented by Tatiana Rabaeva, Head of Postgraduate Programs. It will offer you the opportunity to hear live and gain more insight from the College program Lecturers and Alumni, Adeline Shiralli and Crispian Carlowe.

Your Guide to a Career in Business Law

Resources

Your Guide to a Career in Business Law

Download your guide to a career in business law for everything you need to know about business law in a nutshell, personal strengths of a business lawyer, core expertise of a business lawyer, related areas of expertise and career prospects in business law.

Expand your career horizons with the fascinating and complex area of International Arbitration, says Martin Polaine

News

Expand your career horizons with the fascinating and complex area of International Arbitration, says Martin Polaine

Barrister and international arbitrator Martin Polaine has worked in over 80 countries. Learn how you can qualify as an international arbitrator with this College of Law pathways to CIArb membership.

Postgraduate Programs Course Guide

Resources

Postgraduate Programs Course Guide

Download the Postgraduate Programs Course Guide today and discover how our practical, hands-on approach can equip you with the skills and knowledge you need to succeed.

Family Law Postgraduate Course Guide

Resources

Family Law Postgraduate Course Guide

Download the Family Law Postgraduate Course Guide to learn how our program can help you develop the skills and knowledge needed to guide families through complex legal challenges and build a fulfilling career.

Workforce of the Future Course Guide

Resources

Workforce of the Future Course Guide

Learn how to align workforce planning and strategy in an ever-evolving workplace. Using a wide range of case studies and resources, you’ll consider the practical challenges of a multi-generational workforce, the paradox of being both profitable today and ready for tomorrow and the different ways to communicate your insights to stakeholders.

How to be an ethical family lawyer

News

How to be an ethical family lawyer

Family law is an area where a client may have expectations that a lawyer can do or take action against the other party which may not be appropriate. In this area of practice, being an ethical lawyer is more important than ever. We spoke to family lawyer and College of Law lecturer Kathryn Kearley to explore the critical connection between legal expertise and professional conduct. We explore the ethical challenges that family lawyers encounter.

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

News

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.

Climate Change to Family Law: Inside Kristen Wallwork’s social justice career

News

Climate Change to Family Law: Inside Kristen Wallwork’s social justice career

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

News

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. 

Your Guide to a Career in Wills and Estates

Resources

Your Guide to a Career in Wills and Estates

Download your guide to a career in wills and estates for everything you need to know about wills and estates in a nutshell, the personal strengths of a wills and estates lawyer, the core expertise of a wills and estates lawyer, related areas of expertise, and the career prospects in wills and estates law.

Meet Sian Ogge, Best Graduating Student in Wills & Estates

News

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

News

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.

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

News

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?

News

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

News

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?

Your Guide to a Career in Commercial Litigation

Resources

Your Guide to a Career in Commercial Litigation

Download your guide to a career in commercial litigation for everything you need to know about: commercial litigation in a nutshell, personal strengths of a commercial litigator core expertise of a commercial litigator, related areas of expertise, and career prospects in Commercial Litigation.

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

News

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

News

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.

How I broke into… Business law with Andrew Boog

News

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.

Combining Law with Mediation

Resources

Combining Law with Mediation

If you are considering adding mediation to your skillset, you have come to the right place. Our Nationally Accredited Mediator Training Course Guide is the perfect resource, designed to help you find answers to the most important questions about becoming an accredited mediator.

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).
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
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.
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. 
6 March 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.
6 March 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.
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 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.
19 March 2025, 1.30pm to 5.00pm AEDT. Join our half-day live webinar to learn the facilitative skills necessary to navigate the mediation process effectively and find the most efficient pathway to a resolution between the parties.
19 March 2025, 1.30pm to 5.00pm AEDT. Join our half-day live webinar to learn the facilitative skills necessary to navigate the mediation process effectively and find the most efficient pathway to a resolution between the parties.
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.
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). 
Boost your confidence and establish a strong foundation of knowledge with our comprehensive step-by-step guide on family law matters. The four modules will guide you to provide expert family law advice to your clients.
Boost your confidence and establish a strong foundation of knowledge with our comprehensive step-by-step guide on family law matters. The four modules will guide you to provide expert family law advice to your clients.
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.
We use cookies to compile information about how our website is used and to improve the experience of our website visitors. For more information about the cookies we use, please read our Cookies and Electronic Marketing Policy. To adjust your cookie settings, click 'More information'. By clicking 'Accept and continue', you consent to our use of cookies.
College of Law recommends the use of all cookies to provide you with the optimal experience while visiting our website. Choose below to accept the recommended settings or continue to adjust your individual preferences.

Adjust your settings

We use three kinds of cookies on our websites: required, functional, and advertising. You can choose to opt out of functional and advertising cookies. Click on the different cookie categories to find out more about each category and to change the default settings.
Required cookies are necessary for basic website functionality. Some examples include: session cookies needed to transmit the website, authentication cookies, and security cookies.
Functional cookies enhance functions, performance, and services on the website. Some examples include: cookies used to analyze site traffic, cookies used for market research, and cookies used to display advertising that is not directed to a particular individual.
Advertising cookies track activity across websites in order to understand a viewer's interests, and direct them specific marketing. Some examples include: cookies used for remarketing, or interest-based advertising.