family law Archives - Jano Family Law

Should we get Consent Orders or a Binding Financial Agreement?

When separating, couples often need to divide their property, superannuation and other financial resources. A property settlement can be formalised either through a consent order or a binding financial agreement (BFA). While these two options appear to be similar, they serve different purposes and have different legal implications. Consent Orders are formal agreements approved by …

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My ex has a new partner. Is that a “significant change in circumstances”?

In Australian family law, re-partnering can be considered a “significant change in circumstances” depending on the context, particularly in matters involving parenting arrangements or spousal maintenance. However, whether it qualifies as significant depends on the specific circumstances and how the re-partnering impacts the situation. Under the Family Law Act 1975 (Cth), courts prioritize the best …

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Understanding the Compliance and Readiness Hearing at the FCFCOA: What It Is and How to Prepare

At Jano Family Law, we understand that navigating the family law process can feel overwhelming, especially when court proceedings are involved. One key milestone in the Federal Circuit and Family Court of Australia (FCFCOA) case management pathway is the Compliance and Readiness Hearing. This hearing plays a critical role in ensuring your matter is prepared …

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Family Law: Should I appeal or make a section 79A application instead?

Under the Family Law Act 1975 (Cth) in Australia, a party to a family law proceeding may either appeal a final order or make a section 79A application to vary, set aside, or reverse a final property settlement order. The choice between these two options depends on the circumstances of the case, the legal basis …

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Independent Legal Advice for Binding Financial Agreements

When it comes to protecting your financial interests during a marriage, de facto relationship, or separation, a Binding Financial Agreement (BFA) can be a powerful tool. Often referred to as a “prenup” or “postnup,” a BFA allows couples to set out how their property, assets, and financial responsibilities will be divided if the relationship ends. …

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Successful Application for Review in the Family Court

An Application for Review is made to seek the review of an exercise of judicial powers by a Registrar. Such an application must be made within 21 days of the original decision. The filing of an Application for Review does not operate as a stay of the original order or decision, therefore it is most likely that an …

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What is a “Reasonable Excuse” for a breach of Parenting Orders?

A breach of parenting orders is considered a very serious contravention in the Federal Circuit and Family Court of Australia (FCFCOA). The objects of the family law and its underlying principles are to ensure that a parent who is entitled to spend time with their child ought to be able to do so. Failing to Comply …

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Successful Appeal Against Final Property Settlement Orders

In the matter of Candle & Falkner [2021] FedCFamC1A 102, Jano Family Law were successful in an appeal made by the husband against final property orders in a high net worth family law property litigation matter. The grounds of appeal set out by the husband challenged the primary judge’s: The Court in it’s summary noted …

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Divorce Property Settlement – The Biggest Mistakes People Make

Divorce property settlement is one thing you want to avoid making mistakes in. Family law property disputes are absolutely critical to your financial well-being and future. I have been a lawyer since 2005 and over the years I have seen how some people managed to make a mess of their family law property settlement. Often …

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My Divorce Is Not Going Well

If your divorce is not going well, you need to take action now before it is too late. The consequences of a poor property settlement or unworkable parenting orders will have drastic and long term consequence for your life and that of your children. Can I change my divorce lawyer? If you are feeling ignored …

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Your Guide to the Family Law Case Management Pathway

With the merger on 1 September 2021 of the the Family Court of Australia (FCoA) and Federal Circuit Court of Australia (FCC) to create the Federal Circuit and Family Court of Australia (FCFCOA), there are also new Family Law Rules and a new Family Law Central Practice Direction. These have set out the family law …

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Guide to the Central Practice Direction Family Law

Background The new Federal Circuit and Family Court of Australia has published its Family Law Case Management bible, the Central Practice Direction, which outlines the core principles applicable to family law proceedings and establishes a consistent national case management system. The merger of the Federal Circuit Court of Australia and the Family Court of Australia …

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