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April 2026 Family Law Updates
Stay across the latest developments in family law with our April 2026 update. This edition covers new Court forms, filing fee changes, key parenting and property decisions, urgent listing and appeal rulings, plus two feature cases of practical significance - including pre-trial affidavit objections and the extraordinary Bellanger & Wemble saga, where a grandmother was sentenced to imprisonment for aiding breaches of parenting orders.
Apr 30


A Family Law Saga: When Loyalty Landed Grandma in Jail
The Bellanger & Wemble saga is one of the most extraordinary recent family law cases. What began as an overseas child retention dispute ended with injunctions, watchlist orders, contravention findings, and a grandmother sentenced to imprisonment for aiding breaches of parenting orders. A remarkable reminder that family law orders carry real consequences.
Apr 30


Relocation Cases and the Illusion of Choice
Relocation cases sit at the sharpest edge of family law. Framed as a matter of choice, they often present parents with an impossible reality: move and risk losing time with your children, or stay and endure significant personal cost. These cases are not about winners and losers, but about competing hardships - where even the most reasonable position may be one the law cannot accommodate.
Apr 16


When "Mine" Becomes "Ours": How the Court Navigates Long-Term De Facto Relationships and Separate Assets
In Abbott & Dale [2025], the Court rejected a "separate finances" defence after a 20-year de facto relationship. While the wife sought a 0% adjustment, the Court found their lives and business inextricably merged. Notably, the husband’s post-separation violence was assessed not as a penalty, but through the lens of the wife’s future requirements and diminished capacity. Ultimately, the Court ordered a contribution split of 40/60 as sought by the husband.
Apr 2


When Your Work Hits Too Close to Home
I've watched colleagues fracture beneath the accumulated grief of strangers.The family lawyer who excavates her own failed marriage in each bitter cus...
Mar 25


The Clarity of Court-House Steps: Empowering Clients to Settle.
There is a particular quality of light in the corridor outside a courtroom on the morning of a trial. It is neither kind nor unkind. It is simply the light that exists when things are about to become real. It is in that corridor - not in the courtroom itself - where some of the most important work in family law actually happens - empowering a client to settle when they're geared to fight.
Mar 18


Briefing Counsel for the First Time: A Human Guide for the New Lawyer
Briefing a barrister for the first time can feel intimidating, especially when it arises in moments of urgency or uncertainty. That anxiety is entirely normal. Barristers understand that litigation is rarely neat: instructions change, deadlines compress, and things sometimes go awry. A brief is not a test of competence, but the start of a professional conversation. Good counsel are trained to think on their feet and steady matters when conditions are less than ideal.
Jan 5


Burnout in the Law: A Lived Inquiry into Exhaustion, Meaning, and the Fragile Self
Burnout in family law is not simple fatigue but a slow erosion of the inner capacities that make this work possible. When we spend our days absorbing trauma, conflict, and the emotional worlds our clients cannot hold, the weight settles into the body and reshapes the mind. Understanding burnout as a predictable response - not a personal failing - is the first step in preserving the self that does the work.
Dec 18, 2025


ICLs, Expert Reports, and Psychiatric Assessments: What Happens When a Party Refuses to Participate?
Court-ordered expert assessments play a critical role in parenting disputes. When a party refuses to participate, the Court may still proceed, draw adverse inferences, and rely on incomplete reports. Conner & Conner (No 2) confirms that resisting assessment does not create appealable error and seldom assists the non-participating parent.
Dec 14, 2025


Competence & Compassion in Court: the Professional Ethos of Advocacy
An unexpected courtroom experience revealed the fragile line between competence and compassion. A solicitor, overwhelmed and unprepared, struggled through an unwinnable case. Balancing empathy with my duty to my client underscored a truth often forgotten: advocacy requires more than technical skill. It demands humanity. The most honourable practitioners embody both excellence and kindness.
Dec 3, 2025


Reject at Your Peril: The Real Cost of Late Settlements and Unreasonable Counter-Offers in Family Law
Parties who reject reasonable offers or make wholly unreasonable counter-offers risk adverse costs orders even if they later settle. From Penfold to Browne v Green and Schultheiss, the courts have made clear that fairness demands parties engage seriously and promptly with genuine proposals. Late acceptance of terms already offered is not redemption - it’s confirmation of wasted opportunity and unnecessary cost.
Nov 11, 2025
![Cherokee & Cherokee [2025] FedCFamC1A 191: Clarity on DFRDB Pensions and Defined-Benefit Super in Family Law](https://static.wixstatic.com/media/nsplsh_fccffb1fc73741ea85b4b1dbe4e2af7c~mv2.jpg/v1/fill/w_333,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/nsplsh_fccffb1fc73741ea85b4b1dbe4e2af7c~mv2.webp)
![Cherokee & Cherokee [2025] FedCFamC1A 191: Clarity on DFRDB Pensions and Defined-Benefit Super in Family Law](https://static.wixstatic.com/media/nsplsh_fccffb1fc73741ea85b4b1dbe4e2af7c~mv2.jpg/v1/fill/w_454,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/nsplsh_fccffb1fc73741ea85b4b1dbe4e2af7c~mv2.webp)
Cherokee & Cherokee [2025] FedCFamC1A 191: Clarity on DFRDB Pensions and Defined-Benefit Super in Family Law
The Full Court’s decision in Cherokee & Cherokee [2025] FedCFamC1A 191 delivers long-awaited clarity on how defined-benefit superannuation pensions - particularly DFRDB pensions - should be handled in family law property proceedings. Justice Christie confirmed that such pensions are “property” but held that treating them as capital assets can cause injustice. The Court declined to split the pension, instead treating it as an income stream and adjusting the pool to achieve fai
Oct 30, 2025


Will AI Make Lawyers Obsolete? Computer Says 'No'
When a barrister put AI to the test, the results were both fascinating and alarming. AI can draft, argue and even mimic reason - but recent cases show that when lawyers and litigants rely on it blindly, the results can be catastrophic. From fabricated citations to phantom authorities, the message is clear: AI is a powerful tool, not a replacement. It can replicate words, but not judgment, and in law, that difference still matters.
Oct 17, 2025


Family Law Expert Playbook: Appeals, Enforcement & Costs
This expert playbook explains how to manage appeals when costs remain unpaid. It outlines the appellate court’s limited power to make original enforcement orders, strategies for seeking security for costs or conditional stays, and practical steps for running enforcement below while maintaining control above. It also addresses the challenges of self-represented litigants and the importance of actively enforcing costs orders.
Oct 16, 2025


Silent Chambers: How Safe Are We, Really?
This article explores the hidden dangers of practising law - the unspoken risks faced by those working in emotionally charged areas like family and criminal law. It’s a reflection on safety, vigilance, and the quiet courage required to do this work, and a call for greater awareness and solidarity within the profession.
Oct 8, 2025


“You Can’t Make Someone Co-Parent”: A Practitioner’s Manual for Managing Client Expectations and Guiding Repair
Family Law’s Hard Truth: The Court Won’t Vindicate Your Parenting - Parents in conflict often believe the court will vindicate them and condemn the other. It almost never happens. This piece looks at how we, as family law practitioners, can reframe those expectations, shift focus away from petty battles, and guide clients toward genuine repair.
Oct 6, 2025


The Curious Case of Disclosure: When Family Law Swings Between Shrugs, Fury and Jail
Full and frank disclosure is the lifeblood of family law, yet often contested. Two extraordinary cases — one man jailed for perjury, another wrongly jailed then freed — show how courts sometimes respond with extremes to disclosure failures.
Oct 2, 2025


Shinohara v Shinohara — The End of Addbacks in Family Law Property Settlements
Shinohara v Shinohara [2025] ends addbacks in family law. Learn how s79(4) contributions, wastage, and s79(5) factors reshape property settlements.
Sep 30, 2025


Why High-Performing Professionals Struggle With Rest (and How to Relearn It)
High-performing professionals, especially in law, are often brilliant at pushing through long hours and high-pressure deadlines — sometimes even thriving on it. But the flip side is that many of us struggle with intentional rest, and guilt can creep in when we slow down. In this piece, I share reflections on why rest feels so hard, why it’s essential to sustaining a legal career, and some small ways I’ve started to relearn it.
Sep 5, 2025


How Barristers Can Lighten the Load When Solicitors Are Drowning in Paperwork
When paperwork overwhelms, barristers can step in with drafting and advocacy support, easing pressure for solicitors and sole practitioners.
Sep 5, 2025
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