News & Resources

Do All Family Law Matters Have To Go To Court?

Short answer is no!

Statistics show that approximately 85% of family law disputes are resolved without the Court being required to make any decision. In other words, people have been able to reach agreement between themselves and have only used the Court services to formalise that agreement by filing their Consent Orders
Further, of the cases that are filed with the Court for determination, only approximately 2% of those cases actually proceed to a final determination by a Judge. The remaining 13% of cases are settled after the case has been filed in Court but before final determination by a Judge.


After separation some people may choose to divide their assets without a lawyer, and understandably they are commonly motivated to save money and avoid the litigious process. However, people can run into problems and they typically fall into one of two categories:

How are de facto relationships dealt with?
This can be an issue when the deceased did not write a will clearly expressing their intentions towards family and friends. A de facto spouse may have to first prove that they were, indeed, the de facto partner of the deceased.

A recent Queensland case highlighted the dangers of undertaking your own estate planning and preparing a do it yourself will. A couple married in 1984. They both had children from previous relationships but did not have any children together. They prepared a joint will at…

How do I work out what is best for my children now that we have separated?
The answer to this question will largely depend upon the client’s and the children’s individual circumstances. We advise clients that it is much better if Parents can decide between themselves about what is best for their children, moving forward, without the need to revert to court proceedings.

The Family Court and the Federal Circuit Court have responded exceptionally well to the COVID-19 situation. They have been innovative in their response to the changing situation.
The Courts, who were used to running their Hearings in a face-to-face manner had to adapt quickly to overhaul their operations and introduce a system of running their Hearings that were safe to their court staff, the legal profession and the public.

How can I protect my personal assets in the event of business failure in these difficult times?
The severe economic impact caused by the Coronavirus and consequent shutdowns of parts of the economy at very short notice has resulted in many businesses suffering financially or having to close permanently. This has highlighted the need for business operators to focus on their asset protection strategies.

It is common for directors of companies to be required to provide a director’s or personal guarantee to guarantee the performance of a company’s obligations under contracts entered into by the company.
In the absence of a personal guarantee, a director of a company is only personally liable for debts of the company and claims against the company where the director is in breach of theirs duties as a director.

With about 1 in 3 Australian marriages ending in divorce almost everyone knows someone who has been involved in the breakdown of a marriage or a de facto relationship. Not surprisingly this often results in rumours about what each party is entitled to receive.

Many families have found the global pandemic as particularly stressful. Both parents and children are very anxious about the situation at this time. Parents are facing the stress of money and health worries in the pandemic, as well as the normal stresses and pressures that arise from raising children generally. The Family Law Section have prepared a list of “The Top Ten Guide for Separated Parents During Covid 19” and we thought we would like to share a summary of their list with you