Celebrating wonderful, brave and inspiring women was the focus of the Nicholes Family Lawyers’ International Women’s Day (IWD) breakfast, held at the firm’s Melbourne offices on 5 March 2024. In response to the IWD 2024 theme of “Inspiring Inclusion”, guest speakers The Honourable Justice Jennifer Coate AO, Lesley Podesta and Jade Blakkarly shared personal stories and insights into how to inspire inclusion. Nicholes Family Lawyers founder and Managing Partner Sally Nicholes moderated the event. The Honourable Justice Jennifer Coate AO The many achievements of The Honourable Justice Jennifer Co ..read more

According to the Australian Bureau of Statistics’ Personal Safety Survey, over a quarter of women have experienced family violence since the age of 15, and data from the Crime Statistics Agency indicates that the rate of family violence in Victoria is gradually increasing. The Federal Circuit and Family Court of Australia (FCFCOA) has observed this high prevalence within the family law matters before it. Initial Court data at the point of filing has revealed that between 2022 and 2023, 83 percent of parties in family law matters alleged that they had experienced family violence. One way that t ..read more

Following the Australian Law Reform Commission’s 2019 Inquiry into the Family Law System, the Family Law Act 1975 (Cth) (‘the Act’) has been subject to review by the Parliament for potential amendments. One area of reform currently before Parliament is the consideration of family violence within property settlements.  In determining property settlements post separation, the Federal Circuit and Family Court of Australia (‘the Court’) must assess the contributions of each party to the property pool. This requirement is set out in sections 79(4) and 90SM (4) of the Act for marriages and de f ..read more

On 19 October 2023 the Australian Federal Parliament passed the Family Law Amendment Bill 2023 (‘the Bill’) which, following the granting of Royal Assent, is expected to be given effect May 2024. The Bill contains a number of reforms to Australia’s family law system with the aim of ensuring that the system is simpler, safer, and more accessible for separating families and their children. One of the most significant reforms is the repeal of the presumption of equal shared parental responsibility and the related mandatory consideration of time provisions, which have led to equal time orders in m ..read more

Pets are often an important part of the family. As of 2022, it is estimated that there were 29 million pets across 69 per cent of all Australian households. Naturally, when couples separate one of the emotionally fraught issues can be who gets the pet. These tensions can also be exacerbated for the one in four couples who do not have children. Legal position in Australia Under Australian family law, pets are classified as personal property and therefore become part of the asset pool in property settlements. This means that pets are treated in a similar way to other household items that need to ..read more

Implementing the legislative recommendations of the Victorian Inquiry into Anti-Vilification Protections, the Department of Justice and Community Safety (“DJCS”) is seeking to strengthen current protections against hate and violence by reforming anti-vilification laws. Victorians have been invited to have their say on the issue by making submissions on the proposed reforms to the DJCS. What is the current stance towards vilification and hate speech in Victoria? The Racial and Religious Tolerance Act 2001 (Vic) (“The RRTA Act”) protects Victorians from hate speech or conduct due to their race o ..read more

Nobody enjoys thinking about taxes but an important component of family law property settlements that often goes unmentioned is the identification and evaluation of any taxation liabilities. An unexpected tax liability can significantly impact the value of the asset pool and therefore must be accounted for. The first step in a property settlement is the identification of the party’s asset pool, being the assets, liabilities, and superannuation. These liabilities can include debts such as mortgages and extends to any taxation liabilities. Taxation in property settlements can be a complex issue ..read more

Mandatory reporting of suspected child abuse is a critical aspect of safeguarding children from harm. Under the Children, Youth and Families Act 2005, certain professionals are legally obligated to report any reasonable belief or suspicion of child abuse. This blog explores the mandatory reporting requirements in Victoria and highlights the key provisions outlined in the Children, Youth and Families Act. Child abuse encompasses various forms of harm, including physical, sexual, and emotional abuse, and neglect. It is essential to identify and address instances of abuse promptly to protect vuln ..read more

Collecting evidence is one of the most critical aspects of family law. In some matters, parties struggle to obtain requested documents from the other party. This can be due to the party failing to meaningfully participate in pre-action procedures or outrightly refusing requests. In some instances, parties may be unable to prove an issue without these documents from third parties or organisations. This is where subpoenas become important. What is a subpoena? A subpoena is a document issued by the Court at the request of a party to the proceeding, that compels a person (or company) to produce do ..read more

In recent years, the field of family law has witnessed the emergence of a term that illuminates an alarmingly pervasive aspect of family and domestic violence – coercive control. Coercive control is a type of family and domestic violence in which a perpetrator subjects a spouse, partner, or close relative to a sustained pattern of controlling, threatening, or humiliating behaviour. Key Characteristics of Coercive Control While physical abuse is often more recognisable, coercive control takes place covertly, leaving emotional and psychological scars on its victims. However, it is crucial to rec ..read more