Consort Family Law

26/07/2026

THINK CAPITAL GAINS TAX AUTOMATICALLY REDUCES AN INVESTMENT PROPERTY? THINK AGAIN.

Many separating couples are surprised to learn that capital gains tax isn't automatically deducted from the value of an investment property during a family law property settlement.

Instead, the Court considers questions such as:

• Is a sale actually likely?
• Who will be responsible for paying the tax?
• Can the liability be properly calculated?
• Does the evidence support the claim?

These issues can significantly affect the final property settlement, particularly where the asset pool includes investment properties, businesses, shares or family trusts.

Understanding capital gains tax in family law isn't about finding ways to avoid tax. It's about ensuring any tax consequences are treated fairly and supported by evidence.

Every family's financial circumstances are different, which is why tailored legal advice is so important before agreeing to a settlement.

If your separation involves an investment property or other assets with unrealised capital gains, speak with an experienced family lawyer before making decisions that could have long-term financial consequences.

Learn more by reading our latest article or contact our North Sydney team for confidential advice: https://consortfamilylaw.com/news/capital-gains-tax-in-family-law/

If you own an investment property, shares or a business that has grown in value, capital gains tax in family law is one of the first things worth understanding before you agree to a property settlement. CGT in family law is rarely a simple accounting exercise. It turns on whether a sale is genuinely...

14/07/2026

Perspective is a funny thing.

When you spend your week helping people through the most emotional moments of their lives, it takes a lot to rattle you.

Some Fridays just recalibrate your emotional scale. ⚖️

This wouldn’t make my top ten Fridays.

14/07/2026

13/07/2026

RECONCILIATION CAN AFFECT YOUR PROPERTY SETTLEMENT — EVEN IF YOU DON’T REALISE IT

Getting back together after separation is more common than people think.

But legally, it can create unexpected complications.

When it comes to reconciliation and property settlement, the risks often involve:

Existing financial arrangements
Binding financial agreements
What your actions during reconciliation might imply

In some situations, behaviour during reconciliation can be seen as implied consent to change financial positions.

And in more complex cases, this may even raise issues under section 79A, which deals with setting aside property orders.

That doesn’t mean every reconciliation creates legal problems.

But assumptions can.

If there are assets, agreements, or financial discussions involved, it’s worth understanding how reconciliation might affect your position.

Read the full analysis here: https://consortfamilylaw.com/news/reconciliation-and-property-settlement/

04/07/2026

CAN FAMILY LAW PROCEEDINGS BECOME ANOTHER FORM OF CONTROL?

For some people, coercive control does not end when the relationship ends.

It changes form.

Repeated court applications.
Agency complaints.
Issues raised again and again.
Processes that consume time, money and emotional energy.

One incident may appear minor.

But when the timing, sequence and repetition are examined together, a very different pattern can emerge.

A recent family law decision examined litigation abuse as part of a broader pattern of coercive control — with consequences for both parenting and property matters.

If you feel the legal process is being used to exhaust rather than resolve, documenting the full pattern may be important.

Read our latest article on coercive control and litigation abuse in family law. Link in the first comment.

24/06/2026

Women, children or anyone escaping violence have a right to be safe where they live. Previously, perpetrators who were still listed on a lease could argue they had a legal right to enter a property, even after moving out.

Under the new reform, they can now be prosecuted for breaking and entering if they return to threaten, intimidate or harm someone living there. The changes strengthen protections for people continuing to live in homes previously shared with the perpetrator.

Learn more here: https://www.nsw.gov.au/ministerial-releases/minns-labor-government-reforming-law-to-better-protect-domestic-violence-victim-survivors
If you’re a victim of domestic or family violence, HELP IS AVAILABLE.

For any crime in progress call Triple Zero 000.
For non-emergencies, please call PAL (Police Assistance Line) 131 444.

Concerned about someone? Tip us off in confidence online nsw.crimestoppers.com.au or call 1800 333 000

👉 Share this, speaking up could change a life for the better.

01/06/2026

FAMILY TRUSTS DO NOT AUTOMATICALLY PROTECT ASSETS Caldwell & Caldwell

A common misconception is that placing assets into a Family Trust guarantees protection if a relationship breaks down.

The recent Caldwell & Caldwell decision shows the reality is more complex.

The Court looked at factors including:

• Who controlled the trust

• Why the trust was established

• Whether trust assets came from family wealth

• Whether the spouse could benefit from the trust

• How the trust had operated over time

In this case, the Court determined the trusts were not part of the property pool available for division.

The decision highlights an important lesson: a Discretionary Trust is not a magic shield.

The structure, purpose and ongoing administration of the trust matter.

For families seeking to protect businesses, inheritances or intergenerational wealth, careful planning is essential.

If you're navigating separation and trust structures are involved, obtaining legal advice early can help you understand your position and avoid costly mistakes. The link to the full article is in the first comment

21/05/2026

More about us.

15/05/2026

THE CLOCK IS TICKING ON LEGAL

Something significant is changing for families across NSW — and most people don't know about it yet.

From 1 July 2026, Legal Aid NSW is cutting grants across a wide range of family law matters because of the Federal Budget. More cuts are coming before the end of the year.

Unless you are Aboriginal or Torres Strait Islander, or a victim-survivor of domestic or family violence, you will largely be on your own — parenting disputes, property settlements, divorce proceedings and more.

Here is what that means in practice:

⚖️ Separating couples with children who don't qualify will need to fund their own legal representation or navigate the family court system alone.

⚖️ People in complex property disputes — often with a financially dominant former partner on the other side — lose a critical equaliser.

⚖️ Victim-survivors of coercive control face a particular gap. Coercive control rarely comes with police reports or AVOs. Many will struggle to meet eligibility criteria, even though they desperately need help.

⚖️ Independent Children's Lawyers — the lawyers the court appoints to represent your child's interests, not yours or your ex's — will have a reduced role from late 2026.

⚖️ More self-represented people in an already stretched system means longer wait times and more pressure on everyone's matter, including yours.

The flow-on costs — to courts, to community services, to children — will far outweigh the short-term budget saving.

If you are separating in Sydney or NSW and you are worried about costs, please don't wait. Early advice almost always means more options — and lower overall costs.

📞 LawAccess NSW: 1300 888 529
📞 Community Legal Centres NSW: clcnsw.org.au
📞 Consort Family Law, North Sydney: (02) 7252 0444

We've written a full breakdown of what's changing, who is affected, and what you can do right now. https://consortfamilylaw.com/news/federal-budjet-cuts-to-legal-aid/

If you are going through a separation right now — or even just thinking about it — there is something important you need to know. The recent Federal Budget has cut funding to Legal Aid NSW. And ordinary families across Sydney and New South Wales will feel the impact quickly. This week alone, cli...