Joanne Cliff - Adelaide Family Lawyer

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Family Violence, Pets and Wastage of Finances - Important Changes to Property Settlements under the Family Law ActImport...
23/06/2025

Family Violence, Pets and Wastage of Finances - Important Changes to Property Settlements under the Family Law Act

Important changes have come into effect in relation to financial settlements after separation. The Court is now required to consider the economic consequences of family violence, clarify how pets are dealt with in property disputes, and strengthen requirements for disclosure of financial documents.

Please click the link below to read the full article.

Posted on June 10, 2025 Family Violence, Pets and Wastage of Finances - Important Changes to Property Settlements under the Family Law Act By Joanne Cliff DownloadPDF of this ArticleExpertiseFamily Law Important changes come into effect on 10 June 2025 in relation to financial settlements after sepa...

Parenting Matters Now Firmly Focused on Child’s Best InterestsIn 2006, the Family Law Act (1975) (Act) was amended to in...
20/12/2023

Parenting Matters Now Firmly Focused on Child’s Best Interests

In 2006, the Family Law Act (1975) (Act) was amended to introduce the presumption of parents having equal and shared parental responsibility for children.

The government has now passed new amendments to the Act, which will come into operation in May 2024. These amendments repeal the presumption of equal and shared parental responsibility, the related equal time and substantial and significant time provisions. The amendments reinforce that parenting orders should be made based on the child’s best interests with the hope that they will reduce complexity and lead to better outcomes for children.

To read the full article, please click the link below:
https://www.dwfoxtucker.com.au/2023/12/parenting-matters-now-firmly-focused-on-childs-best-interests

Posted on December 20, 2023 Parenting Matters Now Firmly Focused on Child’s Best Interests By Joanne Cliff DownloadPDF of this ArticleExpertiseFamily Law In 2006, the Family Law Act (1975) (Act) was amended to introduce the presumption of parents having equal and shared parental responsibility for...

Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters To continue...
29/09/2023

Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters

To continue with changes recommended in 2021 by the Australian Law Reform Commission review into Family Law in Australia, the Federal Government published, on 18 September 2023, draft amendments to the Family Law Act 1975 [the FLA], the impact of domestic violence and economic abuse on financial settlements. This is a further demonstration by the government of its recognition of the effects of domestic violence in the community.

The purpose of the amendments is to define the factors to be taken into consideration when considering a financial settlement as they relate to incidents of domestic violence and economic abuse.

There are still four principles when considering a financial settlement as follows:
1. Identifying the existing legal and equitable rights and interests in liabilities of the parties to any property.
2. Consider each party’s respective financial and non-financial contributions to the property of the relationship, whether married couples or de facto couples.
3. Consider the parties’ current and future considerations (needs).
4. Determine whether it is just and equitable to make an order to alter the parties’ interests in property.

To read the full article, please click the link below:

Posted on September 29, 2023 Proposed Amendments Incorporating Domestic Violence Factors into Financial Settlements in Family Law Matters By Joanne Cliff DownloadPDF of this ArticleExpertiseFamily Law To continue with changes recommended in 2021 by the Australian Law Reform Commission review into Fa...

Family law changes to spark surge in litigation “The legislation, facing the Senate in the upcoming sitting fortnight, r...
05/09/2023

Family law changes to spark surge in litigation

“The legislation, facing the Senate in the upcoming sitting fortnight, removes a provision in legislation that directs a court to apply the presumption that it is in the best interests of a child for the parents to have equal shared responsibilities.

The government is also moving to slash the number of factors from 15 to six ‘best interest’ considerations used by courts when deciding the best parenting arrangements for a child. The legislation has been criticised by some legal experts who warn the amendments may take Australia back to a time when mothers were granted primacy in court battles.”

Labor’s push to eliminate a legal assumption that parents under­going a divorce share the responsibilities of raising their children is radical and confusing, top family court lawyers warn.

Navigating Separation: A 5-Step Guide to Successful Mediation in Family Law The Federal Circuit and Family Court of Aust...
15/03/2023

Navigating Separation: A 5-Step Guide to Successful Mediation in Family Law

The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 now require parties to take genuine steps to settle parenting and financial disputes before commencing court proceedings. These measures, called pre-action procedures, encourage parties to genuinely attempt to resolve their dispute or minimise contested issues before initiating court proceedings.

One of the most effective genuine steps is mediation, which, unlike arbitration, allows you to negotiate financial matters as well as parenting arrangements. If you decide to undertake this process, consider following these five steps to maximise your chances of mediation success.

1. Get an understanding of the mediation process
2. Formulate your goals and priorities
3. Prepare for mediation
4. Plan for or anticipate setbacks and roadblocks
5. Take care of your emotions

You can learn more about these steps by reading my latest article:

The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 now require parties to take genuine steps to settle parenting and financial disputes before commencing court proceedings. These measures, called pre-action procedures, encourage parties to genuinely attempt to resolve their di...

Family Courts Look to Arbitration to Streamline Resolutions On 1 September 2021, significant changes to Family Law were ...
24/02/2023

Family Courts Look to Arbitration to Streamline Resolutions

On 1 September 2021, significant changes to Family Law were implemented. These changes required separating couples to undertake “genuine steps” to resolve their issues before issuing court proceedings.

Alternative Dispute Resolution (ADR) is one of the accepted “steps” for resolving parenting issues or financial matters. Arbitration is one ADR option, in particular, that is becoming increasingly popular for its ability to deliver simplicity and timely resolutions to an often stressful and emotionally draining process.

Click here to learn more: https://www.dwfoxtucker.com.au/2023/02/family-courts-look-to-arbitration-to-streamline-resolutions/

On 1 September 2021, significant changes to Family Law were implemented. These changes required separating couples to undertake “genuine steps” to resolve their issues before issuing court proceedings. Alternative Dispute Resolution (ADR) is one of the accepted “steps” for resolving parentin...

Family law overhaul promised, as government drafts new system more inclusive of children and kinship carers“'The draft l...
30/01/2023

Family law overhaul promised, as government drafts new system more inclusive of children and kinship carers

“'The draft laws … would replace the often confusing law around parenting arrangements with six simple, best interest factors for courts to decide what is in the best interest of children.’

The principles include considering the safety of the child in any custody dispute, the ability for either parent to provide care for their child, the benefit for a child in maintaining a relationship with their parents, and the child's own views on the arrangements.

The presumption of ‘equal shared parental responsibility’ has long been labelled one of the most problematic parts of Australia's family law framework, with fears it could incentivise abusive partners to litigate parenting disputes.”

Submissions are open on the draft bill until 27 February.

The federal government plans to reform the strained family law system, including removing the presumption that both parents should be considered equally in parenting disagreements.

“Separation has important impacts on kids. There are a higher number of mental health problems observed in children from...
15/12/2022

“Separation has important impacts on kids. There are a higher number of mental health problems observed in children from one-parent, step or blended families compared to those living in their original family.

There is also a well-established link between high levels of post-separation parental conflict and childhood maladjustment.”

What can parents do to best prepare their kids?
1. Tell them together
2. Keep the adult arguments out of it
3. Prepare for a range of reactions
4. …
Read the rest of the actions in the link http://ow.ly/LXLO50M41ut

If you would like any advice on separations, please contact me here: http://ow.ly/aQ7j50M41tP

It’s a common phenomenon that couples near the end of the road will try to make it through Christmas and separate in the new year. If this is you, read this advice first.

Binding Financial Agreements Following the High Court Decision of Thorne v KennedySince 2000, the Courts have set aside ...
25/11/2022

Binding Financial Agreements Following the High Court Decision of Thorne v Kennedy

Since 2000, the Courts have set aside BFAs for often technical reasons, such as whether legal advice was obtained at the right time, but the importance of Thorne v Kennedy coming from the High Court is that it deals with the issue of fairness and the conduct by one of the parties in negotiating the BFA.

Click here to learn more:

Dead and Buried? On the 8th of November 2017 the High Court of Australia handed down a widely anticipated decision in Thorne v Kennedy [2017] HCA 49 (Thorne v Kennedy). Some legal commentators say it sounds the death knell for Binding Financial Agreements (BFA) as both a pre‑marriage (pre-nuptial)...

Why this inheritance trick is not just for the rich“Parents are switching from traditional “straight gift” wills to thos...
25/11/2022

Why this inheritance trick is not just for the rich

“Parents are switching from traditional “straight gift” wills to those that include testamentary trusts (providing asset protection and tax strategies). Some are also encouraging their children to sign binding financial agreements with their partners to stop claims against inheritance.

…

Advisers suggest that households with comparatively modest estates of more than $500,000, as well as the mega rich, consider these types of strategies to address similar potential problems.

…

Strategies for excluding “undeserving” partners have been increasing as divorce rates rise and the number of blended families climb.

Breakdowns in around half of first marriages and more than half of defacto and second marriages are also forcing many parents to consider how their estates might be divided,

…

More than 90 per cent of wills drafted by lawyers include testamentary trusts, says Hacker. The trusts are incorporated into the will and typically don’t come into force until the death of the will maker.”

Want to provide income to your grandkids or worried your child’s partner will walk off with part of your estate? This is what to do.

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