Family law practitioners may be well acquainted with the significance of the Rice and Asplund case when seeking to vary parenting orders. Mark Youssef, partner at Unified Lawyers and Accredited Specialist in Family Law, provides valuable insights into this fundamental threshold test, its practical application, and considerations for legal practitioners navigating this complex area.
We shed light on the significant changes coming to off-the-plan contract legislation is property specialist and College of Law adjunct lecturer, Greg Stilianou. Greg explains the key details around the proposed reforms, how they aim to rebalance power between developers and purchasers, and offers practical advice for legal practitioners and consumers.
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.