The Family Law Amendment Bill 2023 represents a significant overhaul of the family law system in Australia, with changes comparable in magnitude to previous landmark reforms such as the Family Law Reform Act 1995 and the Howard Government’s 2006 amendments to the Family Law Act 1975. These reforms, driven by recommendations from the Australian Law Reform Commission and responses to the Joint Select Committee on Australia’s Family Law System, aim to address key issues in the existing system and prioritize the safety and best interests of children. One of the central changes introduced by the bi ..read more

Family law mediations can be emotionally charged, and finding effective communication strategies is crucial for achieving positive outcomes. Over many years in participating in mediations there are clear common themes that we take away from those that were success. At Loukas Law we often use the approaches set out by master negotiators, for example, Kevin Hogan. In his book, The Science of Influence, and how to get anyone to YES, he explores the concept of the Omega Strategy. In short it provides a unique framework that can be instrumental in guiding individuals through the complexities of fam ..read more

Embarking on the journey to complete the Form 13 Financial Statement might seem like a daunting task at first glance. However, taking the initiative to do it yourself can not only save you valuable time but also a significant amount of money. With a little bit of guidance and determination, you can successfully navigate this process and make it an empowering experience. The Family Court of Western Australia has provided a wealth of resources to help individuals better understand the intricacies of financial statements and the legal processes that surround them. Before you begin filling out th ..read more

When dealing with clients in financial matters, it is crucial to conduct thorough due diligence by asking relevant questions, performing necessary searches, and ensuring accurate client disclosure. This process allows a solicitor to gain a comprehensive understanding of the client’s financial situation, even when the client isn’t fully aware of their own financial details. From the onset, it is essential to inquire about the client’s various assets, such as real property, shares, and business entities. Solicitors must perform searches to verify the client’s instructions, even if they seem con ..read more

When dealing with financial statements in family law cases, both lawyers and clients have specific obligations to ensure accurate and fair representation of financial circumstances. Lawyers are bound by their duty to act in the best interests of their clients, uphold their paramount duty to the court, and follow the Solicitor’s Conduct Rules and Federal Circuit and Family Court of Australia Rules. These rules emphasize the importance of not misleading the court, making false statements, or being a mere mouthpiece for the client. Clients, on the other hand, must provide full and frank disclos ..read more

Calderbank offers are highly recommended here at Loukas Law in family law cases as they encourage parties to settle disputes amicably, avoiding protracted litigation. These offers can help save time, reduce costs, and minimize stress while providing an opportunity to secure favourable cost orders if the other party unreasonably rejects a reasonable offer. This article explores what they are, their origins and their advantages. A Calderbank offer is a legal term referring to a “without prejudice” settlement offer while reserving the client’s right to reference the offer in support of a costs ap ..read more

In relocation cases in the Family Court of Australia, a single expert psychologist’s report can play a crucial role in determining the outcome of the case. The report provides an objective analysis of the family dynamics, the relationship between the parents and children, and the potential impact of the relocation on the children’s well-being. The single expert psychologist’s report is considered an important piece of evidence in relocation cases as it provides an independent perspective on the case. The report considers a range of factors, including the children’s age, their relationship with ..read more

When a parent seeks to relocate with their children, they must present evidence to the court to demonstrate that it is in the best interests of the children. There are several key areas of evidence that must be addressed to make a successful case for relocation. One of the most important factors that the Family Court of Australia considers when deciding whether to allow a parent to relocate with their children is the ability of the non-relocating parent to maintain a meaningful relationship with the children. This means that the relocating parent must present evidence to the court that the non ..read more

The decision to relocate to another country can be a difficult one, especially for parents with children. However, there are instances where it may be necessary for a parent to relocate, either for work or personal reasons. This decision can have a significant impact on the mental and emotional well-being of both the parent and their children. In cases where a parent is seeking to relocate with their children, the Australian Family Court is tasked with considering the best interests of the children. The Court recognizes that relocation can have both positive and negative effects on the childre ..read more

In family law matters, mental health issues can have a significant impact on the outcome of a case, especially when it comes to issues of parenting and child custody. It is important for the family court to identify any mental health issues that may be present to ensure the best possible outcome for the children and families involved. In this blog post, we will explore the requirements and process of the family court of Australia to identify a mental health issue, referencing Australian judgments and the Family Law Act 1974 specific sections which provide the power for mental health assessment ..read more