Locke Family Law

20/08/2026

We've got exciting news!

Powell Family Law is now Locke Family Law!

Locke is my maiden name, and it felt right to bring it back as things have changed in my personal life. The firm itself hasn't changed — same team, same commitment to our clients, just a rebrand reflecting where I'm at.

Same team, same commitment to our clients — just a fresh new name and a brand new website: www.lockefamilylaw.com.au.

A huge thank you to the brilliant team at Sparo Studios for bringing this rebrand to life — you nailed it! 🙌

13/08/2026

Can you secretly record your ex — and can you use it in Family Court?

There has been a lot of discussion about covert recordings following the High Court's decision in Potter v The King [2026] HCA 25.

It got me thinking about what the family law cases actually say.

The answer? A recording can help your case — but it can also seriously backfire.

▸ Janssen & Janssen [2016] FamCA 345 — Recordings supporting the mother's allegations of family violence and threats were admitted. The Court recognised the notorious difficulty of obtaining evidence of family violence occurring behind closed doors.

▸ Simmons & Simmons [2013] FCCA 304 — The mother placed recording equipment on a child before supervised time with the father. The recording was admitted, but the Court heavily criticised her conduct, describing the parents' behaviour as potentially a form of child abuse.

▸ Guzniczak & Rogala [2017] FamCA 758 — The husband recorded the wife in anticipation of proceedings but was found to have goaded her and set “traps”. His conduct was described as “theatrical and manipulative”. A good example of a recording backfiring on the person making it.

▸ Coulter & Coulter (No 2) [2019] FCCA 1290 — Videos of changeovers were admitted where the mother had legitimate safety concerns. Recordings of the children's private conversations with their father were excluded as an invasion of privacy and breach of trust.

There are also two separate legal questions: was it lawful to make the recording, and can it be admitted into evidence?

Recording laws differ between each State and Territory. In Queensland, you can generally record a private conversation if you are a party to it — but the law is different elsewhere.

I've taken a deeper look at the cases, the Queensland recording laws and s 138 of the Evidence Act 1995 (Cth) in my latest blog here:

Can secret recordings be used in family law cases? Learn when recordings may be lawful in Queensland, when they may be admitted as evidence, and when recording can backfire.

09/08/2026

Is safety an automatic trump card in parenting matters? A new Full Court decision says no.

The 2024 amendments to the Family Law Act put safety front and centre when courts decide parenting arrangements. But does that mean safety now overrides every other consideration?

In Lawrence & Stephanidi [2026], the Full Court confirmed it doesn't. Safety is described as a "focused starting point" — not a factor that automatically determines the outcome. The Court still has to weigh the full picture of a child's best interests.

The case also raised an important warning for parenting orders that try to lock in automatic consequences. The mother had been ordered to undergo therapy, including therapy aimed at getting her to accept the Court's findings — with an automatic reversal of care to the father if she didn't comply. The Full Court struck those orders out, finding self-executing changes of care and untethered mandatory therapy orders go beyond what the Court can properly order.

I've broken down what this means for parents and practitioners on the blog
👇

The Full Court in Lawrence & Stephanidi considers the role of safety under s 60CC and the limits of mandatory therapy and self-executing parenting orders.

03/08/2026

Have you ever wondered whether a husband can claim spousal maintenance from his wife after separation?

The answer might surprise you.

Many people assume spousal maintenance only applies to wives, but that's simply not what the law says. Australian family law is gender-neutral. If a husband cannot adequately support himself and his former wife has the capacity to pay, the Court can order spousal maintenance.

In our latest blog, we examine decisions where husbands successfully sought spousal maintenance, including:
✔️ Stay-at-home fathers
✔️ Long-term homemakers
✔️ High-income wives
✔️ What the Court looks for when deciding whether maintenance should be paid

We also explain the legal test under the Family Law Act and the practical lessons these cases provide for anyone considering making—or defending—a spousal maintenance claim.

Read the full article here:
👉 https://powellfamilylaw.com.au/2026/08/03/husband-spousal-maintenance-wife-australia/

If you need advice about spousal maintenance or any aspect of family law, contact Powell Family Law to arrange a confidential consultation.

"Can a husband claim spousal maintenance from his wife in Australia? Two Family Court cases reveal how courts assess need and capacity."

02/07/2026

🏛️ Can a family trust be included in a property settlement?

A lot of people assume that if assets are held in a discretionary family trust, they're automatically out of reach in a family law property settlement. It's a common misconception.

A recent Full Court decision, Caldwell & Caldwell, has clarified the position.

The Court confirmed that if someone effectively controls a discretionary trust and has the ability to benefit from it, the trust may be treated as property under the Family Law Act. That can be the case even where the trust was set up by parents or grandparents, holds intergenerational family wealth, or was established for asset protection or succession planning.

That doesn't mean the trust assets will automatically be divided between the parties. The Court still has to work through the usual property settlement process, including considering contributions, future needs and whether it's just and equitable to make any adjustment.

The decision is, however, an important reminder that in family law, who controls a trust can be just as important as who legally owns the assets.

If your property settlement involves a family trust, a family business or a more complex asset structure, it's worth getting advice early. Every trust is different, and the outcome will always depend on the particular facts.

You can read our summary of the decision here:
🔗 https://powellfamilylaw.com.au/2026/07/01/caldwell-v-caldwell-discretionary-trusts-property-family-law/

This post is general information only and is not legal advice.

28/06/2026

One question I am often asked is: "Can my child speak directly to the judge?"

Many parents are surprised to learn that, in most family law cases, the answer is no.

A recent Federal Circuit Court and Family Court of Australia decision considered an application by an Independent Children's Lawyer for a nine-year-old child to meet the judge—not to give evidence or influence the outcome, but simply to meet the person who would be making decisions about his future.

The judge described the child's request as thoughtful and courageous, but ultimately found that the Court did not have the legal power to grant it.

So how are children's wishes heard?

Australian family law has a number of safeguards to ensure children's voices are considered while protecting them from becoming directly involved in the conflict between their parents.

In my latest article, I explain:
✔️ Why children don't usually meet the judge.
✔️ How the Court hears a child's views.
✔️ The role of an Independent Children's Lawyer.
✔️ What this important decision means for families involved in parenting proceedings.

📖 Read the full article here: https://powellfamilylaw.com.au/2026/06/29/can-a-child-meet-the-judge-family-law/

21/06/2026

Family violence cases often involve allegations that extend beyond what a Court can determine from the parties’ own evidence.

In some situations, expert evidence is required to help the Court understand the impact of family violence on a party or child. This may include psychological assessments, psychiatric reports, medical evidence, family reports, or vocational assessments where family violence has affected a person's capacity to work.

Expert evidence can be particularly important when a party alleges that family violence has caused ongoing mental health issues, impaired earning capacity, affected parenting arrangements, or created future care needs. Without appropriate expert evidence, some consequences of family violence can be difficult to prove.

Our latest article examines when expert evidence may be necessary, the different types of experts involved in family law proceedings, and how expert opinions can influence parenting and property outcomes.

👉 Read: When Expert Evidence Is Required in Family Violence Cases

How courts assess evidence of family violence in family law cases. Learn what evidence matters, how patterns are proved, and how allegations are presented to the Court.

19/06/2026

One week left to apply for these scholarships for kids that have been affected by family violence

One week left to apply for our Empowering Futures Scholarships for children who have been impacted by family violence and mental health to attend positive activities such as music, sport and arts.

Apply now 👉 https://www.carnelianfoundation.com.au/about/programs/empowering-futures-scholarship

19/06/2026

Family violence cases often involve allegations that extend beyond what a Court can determine from the parties’ own evidence.

In some situations, expert evidence is required to help the Court understand the impact of family violence on a party or child. This may include psychological assessments, psychiatric reports, medical evidence, family reports, or vocational assessments where family violence has affected a person's capacity to work.

Expert evidence can be particularly important when a party alleges that family violence has caused ongoing mental health issues, impaired earning capacity, affected parenting arrangements, or created future care needs. Without appropriate expert evidence, some consequences of family violence can be difficult to prove.

Our latest article examines when expert evidence may be necessary, the different types of experts involved in family law proceedings, and how expert opinions can influence parenting and property outcomes.

👉 Read: When Expert Evidence Is Required in Family Violence Cases

How courts assess evidence of family violence in family law cases. Learn what evidence matters, how patterns are proved, and how allegations are presented to the Court.