In the recent 2025 Full Court Judgment Shinohara & Shinohara [2025] FedCFamC1A 126, the Court dealt with the issue of addbacks relating to property settlements in light of recent legislative amendments. At trial, the Court departed from its traditional approach of adding back assets in the parties’ property pool for division.

Prior to the s 79 amendments introduced by the Family Law Amendment Act 2024, if one party had spent or lost funds or property prior to the separation, the Court would sometimes treat the assets as if they still existed and would include them in the total pool of assets in the balance sheet as an “addback” to then be divided between the parties. [...]  READ MORE →

With interest rate pressures and strong property prices the path to become a first home owner can be difficult to achieve without family support.

Parents are more than ever needed to financially help their child to acquire the first home.

But where their child has a partner, parents are likely to be looking for some certainty – either that in time they can have their advance returned to them; or if their child’s relationship encounters any problems, that their contribution is repayable in full. Family Law can create troubles for the bank of mum and dad. [...]  READ MORE →

The Federal Circuit and Family Court of Australia (“the FCFCOA”) was created in 2021 amalgamating the Family Court of Australia and the Federal Circuit Court of Australia.

The FCFCOA places emphasis on efficiency, responsiveness, resolution, and a more simplified Court procedure. Prioritisation of Court resources to cases involving children and parties more vulnerable to risk of harm led the FCFCOA to establish the new case management pathway. The case management pathway involves an Australia wide (except WA) consistent series of steps that separating parties progress through. The new case management pathway aims to resolve up to 90% of cases within 12 months of the date of filing with the Court. [...]  READ MORE →