Family Law I Baker Love Lawyers Newcastle

Add-Backs and Wastage – How to Bring Assets Back into the Property Pool

When looking at a property pool, the Family Law Courts will usually consider all the parties’ assets and liabilities at the time of the hearing. The Family Law Courts also have the ability to add property onto the balance sheet and identify joint assets that may have been wasted by one or more of the […]

April 28, 2025
By Hayden Carr
Family Law
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Significant Changes to the Family Law Act – Part 1 – Changes to Property Settlement Framework

On 10 December 2024, the Family Law Amendment Act 2024 received Royal Assent and became law changing significant aspects of the Family Law Act 1975 which is the governing legislation for family law matters. The changes are far-ranging. This is Part 1 in a series of articles explaining those changes. The most significant changes in […]

April 28, 2025
By Naomi Rizzoli
Family Law
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Post-Separation Expenses in Family Law

There are often many uncertainties post separation in Family Law, especially when it comes to payment of a joint debt. There is often confusion regarding the responsibility to continue payments such as the mortgage and rates, especially when one party has vacated the marital home. Although there is often an expectation by the paying party […]

March 27, 2025
By Hayden Carr
Family Law
No Comments

Parental conflict vs family violence – new family court judgment sheds light on distinction

Statistics generated by the Family Court show that the majority of contested parenting proceedings include at least one allegation of family violence being perpetrated against either one of the parents and/or one of the children. When determining parenting orders for a child the court is required to determine what is in the child’s best interest. […]

February 26, 2025
By Hayden Carr
Family Law
No Comments

Nullity, Annulments, and Invalid Marriages- How to seek an order that a marriage never occurred or is invalid

It is very common in family law matters after parties have dealt with the parenting, child support, and property aspects of their matters to then file a Divorce Application. You can read more about divorce proceedings in my article “How to get divorced and solutions to common issues”. But what if divorce isn’t enough, what […]

December 17, 2024
By Naomi Rizzoli
Family Law
No Comments

Rice & Asplund: A Remedy to Frustrated Parenting Orders?

It is contemplated by the Courts that once final Parenting Orders are made, that the parties will abide by those orders until the subject children turn 18 years of age or the Orders are amended, ideally via agreement from both parties. But what happens when one party makes a unilateral decision which frustrates the parenting […]

December 16, 2024
By Hayden Carr
Family Law
No Comments

Help for litigants with small claim property cases: The Priority Property Pool for under $500,000 special court list

The vast majority of property settlement matters are settled privately without the need for litigation in the Courts. This occurs for many reasons but the most important is that litigation is an expensive undertaking. Previously it could be difficult for cases involving a small pool of assets to be litigated as the costs could very […]

December 16, 2024
By Hayden Carr
Family Law
No Comments

Surrogacy Laws in NSW – How does this interact with Family Law?

There is no Federal / Commonwealth Law regarding surrogacy arrangements and surrogacy law, whilst it does interact with the Federal Family Law legislation, it is state-based law. The act that governs surrogacy arrangements in New South Wales is the Surrogacy Act 2010 (NSW). If parties intend to enter into a surrogacy arrangement, there are very […]

November 28, 2024
By Hayden Carr
Family Law
No Comments

The Forgotten Considerations in Family Law Property Settlements

Future needs factors and their effect on your family law property settlement entitlements Upon first meeting our clients, many of them are aware that when considering how a property pool of a separated couple is to be divided, each party’s contributions are assessed and weighed against one another. Whoever made the greater contributions receives the […]

November 28, 2024
By Matthew Carney
Family Law
No Comments

What is tendency evidence and can it be used by Court in parenting matters?

Tendency evidence is evidence that can be used in court cases to prove that because a person acted in a particular way in the past, that the same person may act in the same way on a future date. The Federal Circuit and Family Court of Australia recently considered if tendency evidence can be used […]

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Family Law

Add-Backs and Wastage – How to Bring Assets Back into the Property Pool

Significant Changes to the Family Law Act – Part 1 – Changes to Property Settlement Framework

Post-Separation Expenses in Family Law

Parental conflict vs family violence – new family court judgment sheds light on distinction

Nullity, Annulments, and Invalid Marriages- How to seek an order that a marriage never occurred or is invalid

Rice & Asplund: A Remedy to Frustrated Parenting Orders?

Help for litigants with small claim property cases: The Priority Property Pool for under $500,000 special court list

Surrogacy Laws in NSW – How does this interact with Family Law?

The Forgotten Considerations in Family Law Property Settlements

What is tendency evidence and can it be used by Court in parenting matters?

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