Law firms, barristers and experts commonly wind back operations from mid-December, and court time only gets harder to secure. Urgent applications can still be made — but a hearing before Christmas can't be guaranteed if you wait. If you have assets in a trust, need a financial agreement prepared or reviewed, [...]
By Michael Tiyce. You might think you have plenty of time to make Christmas arrangements, including holidays and time with children - but think again! The period leading up to Christmas can be difficult, especially if you have recently separated or arrangements for your children’s time with you are unclear [...]
By Anita Petrovic. An unfortunately common scenario faced by the Federal Circuit and Family Court of Australia is the “alienation” of children from one parent by the other. This concept has in recent times been referred to as “alignment” of children with one parent and rejection of the other parent from [...]
By Anita Petrovic. Court proceedings in Australia tend to be adversarial/conflict-driven in nature. The Federal Circuit and Family Court of Australia (“the FCFCOA”) has long recognised the importance of managing family law matters, particularly parenting matters, in a less adversarial manner than other Courts, despite there still being two or more [...]
By Joshua Maloof. What happens if you can’t prove that a parent sexually abused a child, but it was still possible that it might have happened? The case of Isles & Nelissen solved a question that had not been adequately answered for over 30 years. There were four children, the eldest [...]
By Jarrod Mamo. Throughout your family law matter, once legal proceedings with the Federal Circuit and Family Court of Australia have commenced, you will be required to serve documents on your ex-spouse/ex-partner. The general principle behind service of documents is to demonstrate fairness to the other side and give them ample [...]
By Taylor Campbell. Mediation is often encouraged in Australia as a way to resolve disputes without going to court, but many people wonder whether they can actually refuse it. The short answer is yes — mediation is voluntary, and no one can force you to reach an agreement. However, refusing [...]
By Taylor Campbell. The decision in Bello & Opeyemi [2025] FedCFamC1A 179 provides important guidance on the threshold required to revisit final parenting orders under Australian family law. Sitting in the appellate jurisdiction of the Federal Circuit and Family Court of Australia, the Court dismissed a father’s appeal and reinforced the [...]
By Jarrod Mamo. Although Apprehended Domestic Violence Orders (ADVOs), and parenting and property matters are dealt with in different jurisdictions, that being criminal and family respectively, there can be times of overlap where one can affect the other. The overlap can be seen throughout both the parenting and property aspects of [...]
Tiyce & Lawyers Principal Michael Tiyce was quoted in a Lawyers Weekly article this week, examining the rise of self-represented litigants — often referred to as “DIY justice” — and the growing strain this trend is placing on the legal system. Affordability the main driver In the article, Michael points to [...]