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Property settlements, pet custody and children’s arrangements in the Family Law Amendment Bill 2024

Published:
14 Nov 2024
News

Wenee Yap

Legal Features Writer for the College of Law
Property settlements, pet custody and children’s arrangements in the Family Law Amendment Bill 2024

Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, which aim to modernise and improve the family law system in Australia. We spoke with accredited family law specialist Kathryn Kearley to gain a deeper understanding of the bill, its key amendments and implications.

 

What does the Bill propose?

This Bill builds on the Albanese Government’s landmark family law reforms which came into effect on 6 May 2024,” said Attorney-General Mark Dreyfus.The Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 put the best interests of children at the centre of all parenting decisions in family law matters and established new information sharing arrangements to protect against family safety risks. The Family Law Amendment Bill 2024  would ensure family and domestic violence can be taken into consideration in property settlements for separating families.”

As Kathryn Kearley explains, these reforms follow a number of reviews of the family law system undertaken in recent years, including the Australian Law Reform Commission’s Report issued in 2019.

Kathryn highlights that the Bill proposes to amend the Family Law Act 1975:

  • to enable the court to control and manage conduct of property and other proceedings not about children, including to address family violence and ensure appropriate evidence is before the court
  • to codify the duty of disclosure of parties relevant to financial information
  • to fine tune the arbitration regime in family law
  • to provide regulatory framework for Children’s Contact Services
  • to safeguard against disclosure and adducing of evidence arising from communications made in a professional confidential relationship
  • and 5 other Acts, to clarify aspects of family law and support operation of the Federal Circuit and Family Court of Australia and the Family Court of Western Australia, and
  • to provide for a review of amendments contained by the Bill.

More specifically, the Bill was referred to the Senate Legal and Constitutional Affairs Committee and it is to report on it by 30 October 2024,” Kathryn says.

The Bill is comprised of a number of schedules:

  1. Schedule 1: Property reforms 
  2. Schedule 2: Children’s Contact Services
  3. Schedule 3: Case management and procedure protecting sensitive information
  4. Schedule 4: General provisions including costs orders
  5. Schedule 5: statutory review of the new laws three years after the amendments commence

 

Codification of Common Law principles in Property Cases

Schedule 1 of the Bill sets out the reforms by codifying the common law decision-making in property cases,” Kathryn says.

This codification included:

  • Identifying legal and equitable interests in property and the existing liabilities of the parties
  • Considering past contributions of the parties
  • Considering current and future circumstances of the parties, and
  • Ensuring that orders are just and equitable to the parties

In addition to this, as Kathryn explains, the Bill adds more factors to be taken into account and this means that in property adjustment cases, the Court can consider:

  • The effect of any intentional or reckless material waste of property or financial resources
  • The liabilities incurred by parties and the circumstances of these liabilities
  • The extent to which a party bears parental responsibilities and care for a child under 18 years of age and so this can include living arrangements and the need for either party to provide a home for the child, and
  • The impact of family violence inflicted by one party upon the other

The Bill also provides useful definitions:

“Family violence is defined in the Bill as referring to economic or financial abuse,” Kathryn says. “This definition is expanded to include unreasonably denying financial autonomy, unreasonably denying financial support and dowry abuse.”

As Attorney-General Mark Dreyfus observed, “Pets are too often used and abused in cycles of family violence. The Bill would also allow the court to consider a range of factors, including family violence, when determining ownership of pets in settlements.”

And so, the family law Courts will be able to make orders about companion animals in property proceedings,” Kathryn confirms. “Further, as disclosure is addressed in the Bill, lawyers and FDR practitioners have changed obligations in regard to disclosure.”

 

How can lawyers learn more about the Bill?

Kathryn compiled the following resources for lawyers:

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Major changes are coming that will impact the family law system and the way practitioners operate in Australia. The Family Law Amendment Bill 2023 is currently under debate in parliament and after its third reading, it is now under review with the Senate Legal and Constitutional Affairs Legislation Committee. The College of Law will provide legal training support when the Family Law Amendment Bill commences, but in the meantime, we spoke with College of Law adjunct lecturer Kathryn Kearley to find out about the most important changes.  

Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

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Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

The College of Law recognised over 200 graduates of its Postgraduate Specialisation Programs at the 2022 Academic Awards Ceremony on 1 August. These awards included the Master of Laws (Applied Law), Master of Applied Law (Family Law), Graduate Diplomas of Applied Law and Graduate Diploma of Family Dispute Resolution Practice (FDRP).

How to get a government job in law: everything you need to know

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How to get a government job in law: everything you need to know

Embarking on a legal career in local, state, or federal government can be an exciting move. There are many pathways for development, a broad range of practice areas, and often a healthy work-life balance. These roles are highly rewarding, and highly competitive, the College of Law tells you everything you need to know about landing a government job in law.

Your Guide to a Career in Property Law

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Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

How to Become a Partner Guide

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How to Become a Partner Guide

This guide will help you navigate the first steps towards becoming a partner. It will help you reflect on your own motivations, assess your skill set, and determine the best path forward in your career.

New Resolution Institute and The College of Law partnership to maximise skills and experience

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New Resolution Institute and The College of Law partnership to maximise skills and experience

Resolution Institute and The College of Law are pleased to announce an exciting new partnership aimed at establishing a symbiotic cooperation which will maximise the resources of both organisations through mutual collaboration and the sharing of expertise and efforts in education and training.

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

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When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

Ankurpreet Singh was thrust into a costly commercial conflict, which made him determine to pursue a legal career. To make his dream a reality, he enrolled in the College of Law’s LPMC – where he bolstered his business competence and confidence.

How to get into Wills & Estates with Rick Christie

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How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

Legal Practice Management Course Queensland - Course Guide

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Legal Practice Management Course Queensland - Course Guide

Download the QLD Legal Practice Management Course Guide to learn how our program can prepare you to manage a law firm or take on a leadership role within an established practice.

The legal ramifications of the Queen’s death are surprisingly small

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The legal ramifications of the Queen’s death are surprisingly small

We talk to the College of Law’s Adrian Deans, Academic Policy & Quality, James Crittenden, Head of Short Courses and CPD, and Lewis Patrick, Chief Academic Officer, about some of the pragmatic impacts of the Queen’s passing on the law and Australian legal profession.

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

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3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

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Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

Starting a business is never easy. What step should you take first? How do you negotiate the ins and outs of your legal requirements if you’re not a lawyer? Even for a seasoned lawyer these steps are complicated…And what if you also face unique cultural considerations and complexities?

5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

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5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

Self-awareness: The surprising foundation to a thriving legal career

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Self-awareness: The surprising foundation to a thriving legal career

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

What are the top negligence claims facing lawyers today?

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What are the top negligence claims facing lawyers today?

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

RELATED COURSES

In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
27 November 2024, 9.30am to 10.30am AEDT. Learn about the Family Law Act's recent and pending changes, as well as dispute resolution procedures. Receive tips and insights from key recent cases to keep up with the latest developments in family law.
27 November 2024, 9.30am to 10.30am AEDT. Learn about the Family Law Act's recent and pending changes, as well as dispute resolution procedures. Receive tips and insights from key recent cases to keep up with the latest developments in family law.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
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