Separation, Family & Relationships

Practice area

Separation, Family & Relationships

Articles, case notes and commentary from the Mullane & Lindsay team.

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Death of a Party & Property Settlement

Family law matters can be difficult and complex to navigate at the best of times, however, this is particularly so when one party dies before the matter is finalised. The…
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Death of a Party & Parenting Orders

What happens if there are parenting Orders and the parent with whom the child lives with dies? The parenting Orders remain in force, however, unless the orders explicitly set out…
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International Travel & Parenting Disputes

In the context of travelling overseas with children, section 65Y and 65Z make it an offence punishable by up to 3 years’ imprisonment to remove a child from Australia without…
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Self-Managed Super Funds - What are they Worth?

A self-managed super fund (“SMSF”) may provide tax advantages and flexibility in the investment of the parties’ superannuation during the relationship, however it can pose particular challenges following the breakdown…
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Nothing Final About Final Parenting Orders

Parenting Orders by the Court following a contested hearing or even resolved by agreement, are often said to be ‘Final Orders’. The Court has a clear principle that matters should…
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Stepping Forward

In the words of Abraham Maslow, “in any given moment we have two options:  to step forward into growth or step back into safety”.  After nearly 50 years in practice,…
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Enhancing Our Leadership Team:  Lachlan Page Appointed as Director

Mullane Lindsay welcomes the appointment of new Director, Lachlan Page. Lachlan, who is also the Practice Group Leader of our Commercial & Business team, joined Mullane Lindsay in 2016.  His…
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“To mediate or litigate?”

In 2023-24 the Federal Circuit and Family Court of Australia (Division 2) received 13,858 applications for final orders; in the same period 18,848 applications for interim orders were also made.…
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The Duty of Disclosure Elevated: Key Changes

The Family Law Amendment Act 2024 (Cth) which commenced on 10 June 2025, brought about several changes including the elevation of the duty of disclosure in financial or property proceedings…
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Welcome to Court dog Sunny

“What is a Court Dog?” Earlier this year the NSW Law Society paid for three new Court Dogs - including one for the Newcastle Registry of the Family Court. And…
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Can You Be Joined To a Family Law Dispute Against Your Will?

Under the Family Law Act third parties can be joined to Court proceedings between separated couples, in disputes about both property division and parenting. “Joinder” is possible where it can…
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Use of Generative AI in Family Law matters

Open Generative AI models, such as ChatGPT, are useful tools for efficiency and productivity.  However, these tools can be equally dangerous if used incorrectly. The recent decision of Helmold &…
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Surviving Christmas for separated families

Christmas for separated families: Supporting parents who are without their children for Christmas Christmas can be a difficult time for newly separated families.  It is a sad reality for separated…

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