Australia: Family Law

The Victorian Supreme Court has found the Victorian Civil and Administrative Tribunal does not have the power to backdate Orders on a nunc pro tunc basis. Further, an action is commenced against a joined party on the date the Tribunal makes the relevant Order joining that party.

Separating couples often overlook the tax implications of property settlements, only to face unexpected capital gains tax liabilities years later when assets are sold. With the 2025 amendments to the Family Law Act fundamentally changing how uncrystallised CGT liabilities are treated, understanding the interplay between tax law and family law has become critical to preserving the real value of a settlement. This analysis examines how strategic tax structuring at the point of settlement—including CGT r

The NSW government has proposed landmark reforms to close a legal loophole in break-and-enter laws that currently prevents prosecution of former partners who forcibly enter homes they have a legal interest in. The Crimes Amendment (Breaking and Entering Offences) Bill 2026 introduces new conditions specifically targeting intimate partner violence, requiring courts to determine whether an accused is an "occupant" based on factors like relationship status and prior agreements, while also mandating that a pers