Navigating the New Australian Family Law – Family Violence with economic & financial abuse; Mortgage Stress; Superannuation & Pets ; Divorce & attendance requirements; Property Markets, Immigration and children, AI in the Courtroom; and Digital Family Violence ..

Australian family law is entering one of its most consequential periods of change. Phoenix Law and Associates multilingual lawyers are acutely aware of sweeping legislative reform, a surging property market, continued immigration, rapid digital asset adoption, and the disruptive rise of artificial intelligence, and how it is likely to affect you. CALL  +61731800908 | email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane

 Phoenix Law & Associates multilingual lawyers will work with recent migrants or where there are strong overseas ties, to understand property held outside Australia; the immigration status of both parties and any children; outstanding visa conditions that may affect relocation rights; and whether r any overseas divorce or parenting proceedings have been initiated.

  1. The Family Law Amendment Act 2024: A New Operating Framework

The Family Law Amendment Act 2024 (Cth), mostly took effect on 10 June 2025. Described as the most extensive overhaul of the Act since its commencement in 1975, its reforms are now fully embedded in the daily operation of the Federal Circuit and Family Court of Australia (FCFCOA).

  1. Family Violence in Financial Proceedings

For the first time, the legislation expressly requires courts to consider family violence — including economic and financial abuse — when making property and financial orders. Conduct such as controlling a partner’s access to bank accounts, forcing signature of financial documents, or systematically limiting a partner’s earning capacity must now be factored into the s 79 property adjustment exercise. Phoenix Law & Associates will gather evidence of economic abuse at the earliest stage. Subpoenas for bank records, forensic accountant instructions, and detailed affidavit evidence about financial control will now be central.

  1. The Abolition of Add-Backs

The judicial discretion to ‘add back’ dissipated, wasted or concealed assets to the notional property pool has been significantly curtailed following the Full Court’s decision in Shinohara [2025] FedCFamC1A 126 and the legislative clarification of s 79(3). Courts now focus on existing property. Where a party has dissipated assets — gambling losses, premature transfers to relatives, or payments from joint accounts — the practical remedy is no longer automatic reinstatement to the pool.

  1. Superannuation and Pets

The reforms include simplified mechanisms for superannuation splitting, reducing procedural complexity in straightforward matters. Separately, the Act now expressly empowers courts to make orders about the ownership of companion animals, recognising that disputes over pets carry genuine emotional and financial weight for separating parties.

  1. Divorce Procedure

As of 10 June 2025, attendance requirements for uncontested divorce applications have been standardised, and the process for sole applicants substantially streamlined. The practical effect is that routine divorce matters increasingly resolve without any court appearance, freeing practitioner capacity for more complex contested proceedings.

  1. The Australian Property Market: Elevated Values, Elevated Stakes

National dwelling values rose approximately 7.5% in 2025, with Perth (13%), Brisbane (12%) and Adelaide (9%) recording particularly strong gains. Darwin led all capital cities at approximately 18% growth. Sydney and Melbourne grew more modestly at around 4% and 2% respectively. KPMG projects annual rent growth of around 3.5% through 2026 and 2027, while the total outstanding mortgage book has grown to AUD 2.54 trillion — 6.7% higher than a year earlier.

  • Impact on Property Pool Valuations

Rising prices across most markets means that the matrimonial property pool in the average matter has increased in nominal value — but so too has the complexity of valuing it fairly. Where the primary asset is the family home, the difference between a valuation obtained at separation and one obtained at the time of hearing can now be significant. Binding Financial Agreements and consent orders must be drafted with care to specify which valuation date applies, and independent valuations should be obtained as close to the relevant date as possible. In markets where prices are moving quickly — particularly Perth, Brisbane and Adelaide — earlier valuations may understate or overstate the pool significantly. Consider seeking court-appointed valuers or agreed valuers in contested property matters to minimise delay between valuation and orders.

2.2 Mortgage Stress and Interim Arrangements

Tight vacancy rates (nationally around 1.1%) and sustained rent increases are placing real pressure on separating couples who cannot immediately afford to live apart. Applications for interim property orders and injunctions restraining the sale or encumbrance of the family home are likely to increase. Practitioners should be ready to advise clients on the interaction between spousal maintenance obligations and mortgage repayment responsibilities during interim periods.

2.3 Investment Property Portfolios

The investor loan segment grew 18.9% year-on-year in 2025. Many separating couples hold multiple investment properties, often with differing loan structures, tenancies in place, and tax implications. The disposition of investment portfolios in property settlements will require closer collaboration with financial advisers, accountants and mortgage brokers to ensure orders are practically capable of implementation without triggering unexpected CGT events or lender refusals.

  1. Immigration Policy: Multicultural Families and Cross-Border Complexity

Australia’s permanent migration program remains at 185,000 places for 2025-26, with approximately 28% — some 52,500 places — allocated to the family stream, including 40,500 partner visa places. The student visa planning level has been raised from 270,000 to 295,000 for 2026, and the overall profile of arrivals continues to diversify. New arrivals continue to cluster in Sydney, Melbourne, Brisbane and Perth, bringing with them complex family structures, overseas assets, and cross-jurisdictional legal issues.

  • Cross-Jurisdictional Property and Child Arrangements

The sustained volume of skilled and family migration means that a growing proportion of our clients hold property overseas, have family members in multiple countries, and are navigating the intersection of Australian family law with foreign legal systems. The enforcement of Australian parenting orders internationally — and the risk of international parental child abduction — requires practitioners to be conversant with the Hague Convention on Civil Aspects of International Child Abduction and the interaction of Australian and foreign court orders.

Phoenix Law & Associates will work with recent migrants or where there are strong overseas ties, to understand property held outside Australia; the immigration status of both parties and any children; outstanding visa conditions that may affect relocation rights; and whether any overseas divorce or parenting proceedings have been initiated.

  • Visa Status and Family Violence

Partner visa holders who are experiencing family violence may be entitled to continue their visa pathway independently of their sponsor under the family violence provisions.

  • Sponsorship Obligations and Coercive Control

The immigration sponsor relationship can itself be a vehicle for coercive control — where a sponsoring partner withholds support, threatens visa cancellation, or uses a temporary visa holder’s immigration dependency as leverage. The expanded definition of family violence now in the Family Law Act is relevant .

  1. Digital Assets and Cryptocurrency: From Edge Case to Mainstream

As of early 2025, approximately one in three Australian adults had owned some form of cryptocurrency. The Corporations Amendment (Digital Assets Framework) Bill 2025 is moving cryptocurrency exchanges and custody providers into the mainstream financial services regulatory framework, requiring Australian Financial Services Licences and introducing custody and disclosure obligations. Australian courts are increasingly willing to recognise digital assets as property — and are taking a firm stance on non-disclosure.

  • Disclosure Obligations

The Family Law Act requires full and frank disclosure of all assets, including digital assets. Courts now routinely expect cryptocurrency holdings to be itemised in the schedule of assets. Failure to disclose — or the concealment of holdings through wallet transfers or conversion — will be treated as a serious breach, carrying consequences in the exercise of judicial discretion under s 79. The abolition of add-backs noted above makes this more, not less, important: the remedy for non-disclosure now lies primarily in adverse findings and cost orders rather than pool reconstruction.

  • Valuation Challenges

Cryptocurrency is inherently volatile. A Bitcoin holding valued at AUD 150,000 at separation may be worth AUD 80,000 or AUD 230,000 by the time of hearing. Practitioners must address the valuation date expressly in any orders or agreement dealing with crypto. Options include orders requiring conversion to AUD at a specified time, percentage-based splits of the holding at a nominated date or agreed use of a forensic accountant who can assess blockchain records.

Where this is relevant Phoenix Law & Associates may recommend engaging a blockchain forensic specialists early in any matter where crypto assets are in issue. They can trace wallet addresses, identify undisclosed exchanges and provide court-admissible valuation reports. The cost is routinely recoverable as a disbursement in complex property proceedings.

  • NFTs, DeFi and Emerging Asset Classes

Non-fungible tokens, interests in decentralised finance protocols and staking rewards are increasingly appearing in asset schedules. Courts are applying established property principles but the practical challenge of identifying, accessing and dividing these assets in any enforcement context remains substantial. Our practice should be developing standard discovery questionnaires that specifically probe these asset classes.

  1. Artificial Intelligence: Opportunity, Obligation and Risk
  • The National AI Plan and Legal Regulation

On 2 December 2025, the Australian Government released its National AI Plan 2025, the most comprehensive statement to date on AI governance in Australia. The Plan does not introduce a standalone AI Act — Australia continues to rely on existing laws including the Privacy Act 1988 and the Australian Consumer Law — but it establishes the Australian AI Safety Institute, operational from early 2026 with AUD 29.9 million in funding, to monitor AI risks and provide independent technical analysis.

From 10 December 2026, new automated decision-making transparency obligations under APP 1.7, 1.8 and 1.9 of the Privacy Act will require entities to disclose in their privacy policies the types of personal information used in substantially automated decisions that could significantly affect individuals. This has implications for practitioners using AI-assisted matter management, document review or predictive tools.

  • AI in the Courtroom: The Current Rules

Every superior court in Australia now has guidelines or practice directions addressing generative AI use. The position across jurisdictions is broadly consistent:

•        Generative AI must not be used to generate the content of affidavits, witness statements or character references without leave of the court.

•        Expert evidence must not be AI-generated without leave.

•        Any submission or document prepared with AI assistance must be disclosed.

•        Practitioners remain personally responsible for the accuracy of all filed documents, regardless of whether preparation was delegated to a paralegal or AI tool.

The FCFCOA has not yet issued a formal Practice Direction but has made its position clear through case law. In Mertz & Mertz (No 3) [2025] FedCFamC1A 222, a solicitor whose paralegal had used AI to prepare court documents — without her knowledge — was found to bear full responsibility for the resulting inaccuracies. The Court declined to accept ignorance of the tool’s use as a mitigating factor.

  • Social Media Evidence and Digital Family Violence

AI-generated content — deepfakes, fabricated text messages, synthetic audio — is now an evidentiary concern in family law proceedings, particularly in contested parenting matters involving allegations of coaching, harassment or threats. The Children’s Online Privacy Code, expected to be in force by December 2026, will affect how social media platforms handle data relating to minors. Practitioners should be alert to the possibility of fabricated digital evidence and advise clients accordingly.

6. Practical Implications for Our Practice

6.1 Client Intake and First Conference

The broadened landscape of issues — overseas assets, crypto holdings, immigration status, digital abuse — means first conference checklists require updating. We recommend revising our standard intake forms to capture:

•        Cryptocurrency and digital asset holdings (wallets, exchanges, NFTs)

•        Immigration visa status of both parties and children

•        Overseas property or financial interests

•        History of financial or economic abuse, including digital or technology-facilitated control

•        Social media accounts and any relevant digital communications or content

NOTE WELL – This update does not constitute legal advice. The law stated is current as at June 2026. Specific client matters will be assessed on their individual facts.

#FamilyLaw #FamilyViolence #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw #Divorce #NFTAssets #CryptoProperty #DigitalViolence

On 26 May 2025, Queensland enacted landmark reforms under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (“The Amendment Act”). These reforms, widely known as Hannah’s Law, criminalise coercive control as a standalone offence and introduce an affirmative model of consent in sexual offence cases.

The reforms are named in memory of Hannah Clarke and her three young children, tragically killed by domestic violence in 2020. Since then, Hannah’s parents, have been tireless advocates for change, determined that no other family should endure the safe fate.

Hannah’s Law marks one of the most significant shifts in Queensland’s criminal law in decades, aiming to recognise and prevent patterns of domestic violence before they escalate.

What Is Coercive Control?

Section 334C of the Criminal Code now defines coercive control as a pattern of abusive behaviour designed to isolate, intimidate, and dominate a partner. It can include:

  • Emotional and psychological abuse
  • Financial restriction or economic control
  • Isolation from friends, family, or support networks
  • Monitoring or surveillance, including cyberstalking
  • Threats of harm to the victim or their loved ones
  • Physical assaults or property damages as part of a wider pattern

To qualify, the behaviour must occur within a domestic relationship and be shown to be intentional and sustained. This section does not require any evidence that the coercive or controlling behaviour caused actual harm to the complainant. The offence carries a maximum penalty of 14 years’ imprisonment.

A narrow defence exists if the conduct was reasonable in the circumstances of the relationship, though the courts will determine what is “reasonable” over time as case law develops.

What Is Affirmative Consent?

The Amendment Act also brings in a new standard of affirmative consent for sexual offences. This means that:

  • Consent must be actively and clearly communicated; silence or passivity is not enough.
  • The defence of “mistake of fact” has been narrowed, making it harder for offenders to argue that they “assumed” consent.
  • The Act explicitly criminalises stealthing (removing a condom during intercourse without consent).

This reform aligns Queensland with a growing national trend that shifts the burden towards ensuring that sexual activity is truly consensual.

Hannah’s Law in Practice: First Conviction

In August 2025, a Cairns man became the first person convicted under the new coercive control laws. He pleaded guilty to six offences, including coercive control, common assault, and wilful damage.

In his remarks, the Magistrate noted the complexity of sentencing without precedent but emphasise the long-term harm that coercive control can inflict. This early case demonstrates the seriousness with which Queensland courts will approach coercive control, even where physical violence is not the sole feature.

Case law for new Act is still emerging, however, the legislation defines coercive control as a course of conduct by an adult in a domestic relationship including de facto, who intends to coerce or control another person through repeated acts of domestic violence.

How Phoenix Law helps if you need support

At Phoenix Law, we understand that legal reforms like Hannah’s Law can be overwhelming. Especially for people from culturally and linguistically diverse (CALD) backgrounds.

For Victims

We assist clients in obtaining protection orders and navigating the criminal justice system. Our team can provide advice in various language to get their free consultation (up to 30 minutes). We understand sensitive matters such as domestic violence should be handled with compassion and discretion. When English is your second language, it is enormously overwhelming to navigate your legal options. Phoenix Law is always here to support you.

For Defendants

We defend individuals accused under the new laws, ensuring fair treatment and due process. Guidance on navigating the stricter requirements and defending against sexual offence allegations in various languages.

Conclusion

Hannah’s Law represents a turning point in Queensland’s legal response to domestic and sexual violence. By criminalising coercive control and introducing affirmative consent, the state has recognised that abuse extends beyond physical violence and that true consent must be explicit.

As the law develops through cases like the recent Cairns conviction, victims will have stronger protections, and offenders will face clearer consequences.

At Phoenix Law, we are committed to supporting clients, whether victims seeking safety or individuals navigating the complexities of these new offences. With multi-language expertise and a compassionate approach, we stand ready to help our diverse community understand and enforce their rights under Hannah’s Law.

A Guide to Eligibility

  1. Legal Aid in Queensland
    Legal aid is an essential service that ensures all individuals, regardless of their financial situation, have access to legal presentation and advice. In Queensland, Legal Aid Queensland (LAQ) is the main provider of legal aid services, offering assistance in various legal matters mainly in civil law, criminal law, family law and other areas where a person might face significant disadvantages or hardship.
    However, legal aid is not available to everyone. To qualify for assistance, applicants must meet specific criteria, including financial eligibility, the type of legal matter, and the merits of their case. Our article will outline who is entitled to legal aid in Queensland based on these key criteria.

  1. Your Financial Eligibility
    One of the primary factors for determining eligibility for legal aid is financial need. Legal Aid Queensland will apply a means test to assess whether an individual’s income and assets are sufficient to afford private legal representation. The test considers various factors including but not limited to:
    a) Income
    b) Assets and Savings
    c) Dependents

  1. The Income Test
    Aid is not normally granted where your income exceeds the maximum income threshold. You are required to provide your salary or wage, including copies of your pay slips, bank account statements, tax returns and any documents about your problem with your application.
    In circumstances where you rely on Centrelink payments for your income, you will usually be eligible for legal aid, if your assets are within the set limits. You are required to include Family Tax Benefit payments, along with child maintenance and child support payments, as income.
    If you have investments, you are required to disclose money you received from investments, such as share dividends, rent from investment properties or payments from trusts.


Household Type Maximum income threshold gross income per week
Single $1040.00

Sole Parent (in workforce) $855.00-$1690.00
(depending on the number of children) **

Couple (one in workforce) $1200.00-$2200.00
(depending on the number of children) **

Couple (both in workforce) $1180.00-$2070.00
(depending on the number of children) **

  1. The Asset Test
    When assessing assets, Legal Aid Queensland considers items such as real estate, cash, shares, debentures, or other investments, as well as the assets of anyone who provides financial support to you- unless you are seeking legal aid due to a dispute with that person. However, certain assets are excluded from the assessment, including:
  • The home you live in, as long as the equity is $146,000.00 or less
  • Cash saved for purchasing a home or land you own, as long as the equity is $146,000.00 or less and you signed a contract to buy or build a home before you knew about your legal problem for this cash or land to be exempted under the means test
  • Household furniture unless it is exceptionally valuable
  • Tools you need for your job unless it is exceptionally valuable
  • Your cars or cars (unless you have over $16,000.00 in equity)
  • The first $2,000.00 of an applicant’s savings.

  • Situation Eligibility
    They are single and have no dependent children, and their assessable assets are more than $930.00.
    You may not be eligible for aid or may have to pay some money towards your legal costs.
    They receive financial help from another person or are single with dependent children, and their assessable assets are more than $1,880.00.
    You may not be eligible for aid or may have to pay some money towards your legal costs.

Please take note that the Aid will not be approved if the amount you would have to pay is more than the value of your grant of aid.

  1. General Asset Limits
    If your assessable assets are more than $930.00 (or $1,880.00 if you receive financial help from another person or are single with dependent children), you may not be eligible for aid or may have to pay some money towards your legal costs.

  1. Family Law
    If you are seeking legal aid for a family law property settlement or domestic violence matter, you may have an interest of up to $200,000.00 in allowable assets that are in dispute with the other party.

  1. For Those Aged 60 or Over
    If you are 60 years or older, you can have equity in your home up to $292,000.00, provided you
  • Receive an income-tested allowance or benefit
  • Have lived in the home for more than five (5) years, or had to move out to buy an alternative home due to illness or disability
  1. Farmer or Small Business Owner
    You can have equity in the farm or business up to the following limits:
    Situation Eligibility
    If you are a homeowner and you get financial help from another person Up to $236,500.00.

If you do not obtain financial help from another person- up to $166,750.00*

If you do not own your home and you get financial help from another person Up to $357,500.00.

If you do not get financial help from another person- up to $287,750.00*

  1. Special Circumstances
    Failed to meet the means test but deserve special consideration because you are experiencing multiple disadvantages? Your matter is most likely to be forwarded to a senior officer for discretionary consideration, given that you can show:
  • Your assets exceed the limit set in the means test, but because of your special circumstances, you are unable to access your assets
  • You have access to a modest amount of money in the bank, but because of their special circumstances, taking this money into consideration when assessing financial eligibility for aid is not justified
  • You own substantial assets (apart from cash) that exceed the means test limit but they have no prospect of being employed in the future due to your special circumstances.
  1. Types of Cases the Legal Aid can Fund
    Based on the priorities set for the Legal Aid Centre by the state and federal governments:
    Legal Fields Matters
    Civil Law – Child protection proceedings
  • Domestic and family violence matters
  • Discrimination matters
    Criminal Law – District and Supreme Court criminal proceedings
  • Indictable offences in the Children Court (must be of serious offences)
  • Appeals to the Court of Appeal or High Court
  • Magistrates court committal hearings where the maximum penalty is more than 14 years in jail
  • Bail Applications
    Family Law – Urgent matters where a child’s safety or welfare is at risk or the applicant’s safety is at risk
  • Urgent matters where there is an immediate risk of a child being removed from Australia or to a remote location in Australia
  • Separate representation of children
  • Parenting plans and orders
  • Location and recovery orders
  • Injunctions relating to family violence

You are strongly encouraged to seek legal advice before applying for a grant of legal aid. Our team of legal experts is dedicated to providing tailored services to achieve the best possible outcome. Call our friendly team at 07 3180 0908 if you need legal advice or want to know your next steps.

PHOENIX LAW & ASSOCIATES multilingual lawyers. Email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #phoenixlaw #legalaid #familylaw

〜アンカウィジャヤ事件（2016年）から学ぶ事実婚関係の本質〜

オーストラリアの移民法において、配偶者や事実婚パートナーがパートナービザを申請する際には、「真実かつ継続的な関係」であることを示す必要があります。通常は、少なくとも12か月以上の同居や、共同生活に対する相互のコミットメントを示す証拠が求められます。

ところが、実際の裁判例において「愛情がなければ事実婚関係とは認められないのか」という問題が争われたことがあります。その代表例が、アンカウィジャヤ事件（2016年）です。

アンカウィジャヤ事件とは？

この事件は、90歳のオーストラリア人男性と約60歳のインドネシア人女性の事実婚関係をめぐって起こりました。審判所（Tribunal）は、2人の関係について懐疑的でした。

審問の中で、彼女は「彼を愛しているし、人々を愛している」と答えましたが、「彼を特別に愛しているのか」との問いには「私はみんなを愛している」と答えました。大きな年齢差や一般的な期待から外れた関係性もあり、審判所は「相互のコミットメントが不足している」と判断し、ビザ申請を却下しました。

しかし、連邦裁判所（Full Federal Court）はこの判断を覆しました。 裁判所は「感情的またはロマンチックな愛がなくても、パートナーとして共に生活する意思があれば、法的には事実婚関係に該当する」と明確に示したのです。

法律が重視するのは「共同生活の事実」

裁判所は次の点を強調しました。

  • 移民法は「恋愛感情」を要件としていない
  • 判断基準は 共同生活の事実・相互依存の程度
  • 財政的な相互依存、共同家計、社会的な認知、将来の計画といった客観的な要素が重視される

つまり、ロマンティックな愛の言葉は法律上の要件ではなく、「共に生活を築く意思と証拠」があれば足りるのです。

この判例が示す3つの意義

パートナービザ申請者にとって

恋愛感情の有無よりも、共同生活の実態を示す証拠が最重要です。財務面の相互依存や共同家計、将来の生活設計を裏付ける記録が審査のカギとなります。

法的観点から

裁判所は「個人的な価値判断」ではなく、法律に定められた基準に基づき判断すべきことを再確認しました。これにより、多様な形の関係性が公平に扱われることになります。

社会的意義として

この判例は、非伝統的な関係や実務的・ケア重視型のパートナーシップも、移民法上正当なものとして認められる道を開きました。

結論：愛よりも「証拠」が大切

この事件は、パートナービザにおいて大切なのは「恋愛感情の有無」ではなく、「共に生活を築く意思」と「それを裏付ける証拠」であることを示しています。長期的に安定した関係は、友情や信頼、共通の価値観や目標の上に成り立つこともあるのです。

移民法・家族法のご相談はフェニックス法律事務所へ

フェニックス法律事務所（Phoenix Law & Associates）は、移民法・家族法に強みを持つ総合法律事務所です。多言語対応（日・韓・中・英）で、国際的なご家族や移住を検討されている方をサポートいたします。

The decision on 23 July 2025 in Shinohara v Shinohara [2025] FedCFamC1A 126, handed down by the Full Court of the Federal Circuit and Family Court of Australia (Division 1) signifies a substantial change in the way courts deal with “addbacks” . The parties were engaged in property settlement proceedings following the breakdown of their marriage. Among the disputed items were several agreed “addbacks” – amounts representing property that had existed earlier in the relationship but had been spent by one or both parties before the hearing.

Historically, the court has been willing to treat these amounts as current assets, adding them back to the asset pool, however, between the trial and the appeal, the Family Law Amendment Act 2024 commenced. This Act, among other changes, narrowed the definition of “property” that could be considered at Step 1 to only property that exists at the time of the hearing.

One of the issues was that the trial judge removed agreed addbacks from the financial statement, without giving either party prior notice or the opportunity to make a proposal about the impact, which was a serious procedural fairness issue. Both parties had run their cases based on an understanding that those assets would be included in the pool and removing them deeply changed the initial point for separation of property.

Read more at https://www.phoenix-law.com.au/family-law-how-marriage-or-defacto-assets-are-divided/

Key points for you to consider;

Appointing a lawyer as soon as possible after separation; in addition to reducing your stress and increasing your understanding of the law, will assist you in a number of ways .

  1. Evidence is more important than ever. Without the “ addback” strategy, ensure you collect compelling evidence and provide it to your lawyer e.g. : Transaction records, Bank statements, Contracts and Witness testimony to explain the circumstances. The better your evidence, the more persuasive your Step 3 arguments will be.
  2. Don’t panic if your spouse has spent assets—those actions can still be accounted for, but in a different way. Lawyers will now approach these situations with a different strategy than in past years.
  3. Just and Equitable ; Step 3, relating to current circumstances and future needs ,must be “just and equitable” considering contributions and other factors. Your lawyer will argue on your behalf adjustments in your favour.

The Full Court’s Decision

  1. Addbacks are no longer permitted at Step 1
    Under the new legislation, the only property that can be included in the Step 1 balance sheet is property currently in existence.
  2. Conduct still relevant—just at Step 3
    While addbacks are gone from Step 1, the conduct leading to asset dissipation is still relevant to the final division. This conduct can be considered: e.g., one party’s wastage may reduce their overall contributions.
  3. Re-exercise of discretion
    The Full Court recalculated the division, ultimately awarding the wife 67.5% of non-superannuation assets (approximately $416,226) and the husband 32.5% (approximately $200,405), factoring in contributions, wastage, and other considerations at Step 3—not Step 1.

In family law or other legal matters, you don’t have to do it on your own. Phoenix Law & Associates are there to guide and protect you. In addition to extensive and compassionate experience, we speak many different languages. Call us now for a free initial 20-minute chat.

CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane

FamilyLaw #BrisbaneLawyers #MultilingualLawyers #Spanish #Chinese #Japanese #Korean #ShinoharaVShinohara

Image with thanks – Schiavello construction

Get to know Brisbane on the BRISBANE SCAVENGER HUNT walking tour through Brisbane’s South Bank, see the Wheel of Brisbane, check out historical relics, and finish off with Queensland Art Gallery art. See nature fit for royalty. Slow down at the Nepalese Peace Pagoda and enjoy the shade of the bougainvillea. The water is warm, and the birds are calling. Suitable for all ages; 1.5 hour duration, 1.92km phone App guided walking tour.  

Got TRAIN LOVING kids? – The Queensland Museum Rail Workshops will be open on Easter Sunday 2025!  We love taking our little locomotive drivers here. The museum has interactive fun activities for kids of all ages. Check out the Sciencentre, displays and vintage trains and the indoor playground. 160 years ago, the very first train to run in Queensland steamed west from the Ipswich Railway Workshops to the small settlement at Grandchester!

See the EASTER BUNNY 🐰at Caboolture, Redcliffe, Newport, Sandstone Point, Everton Park, Mount Gravatt , Mooloolaba and more …

Enjoy sweet treats and Easter fun for the whole family.  With thanks to Brisbane Kids for the following information;

🐰 Candyland Putt Putt @ Victoria park

Step into a world of colourful, candy-themed fairways and sweet surprises! This fun-filled mini-golf adventure is perfect for all ages, making it a great day out with family and friends. Plus, the Easter Bunny will be stopping by to add to the excitement!

When: Friday 18th – Monday 21st April

Where: Victoria Park, Herston

Details: Bookings required

More information: https://brisbanekids.com.au/event/candyland-putt-putt-victoria-park/

🐰 Caboolture Easter Carnival

Families of all ages are invited to celebrate Easter at the Easter Carnival! Children will delight in games, face painting, an Easter egg hunt, and thrilling carnival rides that promise endless entertainment. Adults can savour tasty offerings from food stalls, browse unique market treasures, and enjoy the vibrant carnival atmosphere.

When: Friday 18th April 2025, from 11am

Where: Caboolture Showgrounds, 140 Beerburrum Rd , Caboolture

Details: Free event

Find out more here https://brisbanekids.com.au/event/caboolture-easter-festival/

🐰 Redcliffe Easter Markets

Promising an egg-ceptional Easter celebration on both Good Friday and Easter Sunday, Redcliffe Markets promises everyone a hopping good time as the market transforms into an Easter wonderland (including an Easter Bunny meet and greet).

When: Friday 18th & Sunday 20th April

Where: Redcliffe Parade, Redcliffe

Details: Free

More information: https://brisbanekids.com.au/series/redcliffe-easter-markets/

🐰Meet the Easter Bunny at Tom’s Confectionary Warehouse

Meet the Easter Bunny himself every weekend until Easter at Tom’s and have you photo taken with The Easter Bunny!

When: 18th – 20th April, 10am – 12pm

Where: Tom’s Confectionary Warehouse, 4/358 Nudgee Rd, Hendra

Details: Free event

More information: Easter Bunny at Tom’s Confectionary Warehouse

🐰 Newport Easter Twilight Market

Hop into the Newport Easter Twilight Market for a festive evening of family fun! Enjoy a free Easter Egg Treasure Hunt, a meet and greet with the Easter Bunny, and live entertainment. Browse artisan stalls, grab a bite from food trucks, and soak up the Easter magic at this vibrant community event!

When: Saturday 19th April 2025, 12pm – 6pm

Where: Endeavour Park, Endeavour Esplanade, Newport  4020

Details: Free entry

More information: Newport Easter Twilight Market

🐰 Reval’s Easter Eggstravaganza

Enjoy a free Easter Egg Hunt, a visit from the Easter Bunny, and plenty of entertainment. Kids can bounce on the jumping castle, get their faces painted, and join fun games, while free hot cross buns and food trucks will keep everyone fuelled.

When: Saturday 19th April, from 3pm. Egg hunt at 5pm

Where: Mount Gravatt Park, Upper Mount Gravatt

We love Brisbane too !

Phoenix Law & Associates – here for all your Brisbane Legal Needs. We are immigration, personal injury, business, family and home conveyancing law experts. We speak YOUR LANGUAGE . Call 1800GETHELP or see https://www.phoenix-law.com.au/ anytime.  Level 8, 320 Adelaide St, Brisbane. #JapaneseLawyers #BusinessLaw #HomeConveyancing #Brisbane #family #Australia #Chinese #Conveyancing #BrisbaneLawyers

If you like being challenged intellectually, whilst being supported by a tight and supportive well-resourced multi-lingual team, where ethical values matter, then consider applying with PHOENIX LAW & ASSOCIATES.

We are looking for a highly skilled and motivated COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team. Phoenix Law & Associates specialise in commercial disputes, we provide exceptional personalised legal services to our diverse multilingual clientele. This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment. Phoenix Law – big firm talent;  small team culture.

Apply to Hideki Shimizu at  info@phoenix-law.com.au  Level 16, 300 Adelaide Street, BRISBANE, QLD #law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Responsibilities:

•       Handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.

•       Conduct thorough legal research and analysis, prepare pleadings, motions, and other legal documents.

•       Represent clients in court proceedings, arbitrations, mediations, and negotiations.

•       Develop and implement effective litigation strategies to achieve favourable outcomes for clients.

•       Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.

•       Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.

•       Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field.

We offer competitive compensation packages and a supportive work environment that fosters professional growth and development. Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace.

How to Apply

APPLY BY EMAIL: info@phoenix-law.com.au . |300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Preparation means seeking advice early

You don’t need to be on the brink of separation to obtain helpful family law advice.  For some couples, the separation process can be over many cautious years, with a great deal of thought and preparation and the need for financial advice. For other couples, of course, it can be very different.

We find that we are more often approached for information by women first,  because of concerns about financial insecurity and find that Australians from other ethnic groups may culturally have more apprehension in seeking help,  and perhaps have fewer information resources to access.  Overseas sole custody laws can also be seen as a powerful deterrent. However, historically, women have initiated more divorce applications in Australia than men.

Mehr – The Dowry – and other cultural and religious dimensions

In addition to the legal aspects, it is important to recognise the cultural and religious dimensions that may influence the separation process. In many Muslim communities, for instance, the concept of Mehr, a mandatory payment made by the groom to the bride at the time of marriage, serves as financial security for the bride.

This concept of financial protection extends into discussions surrounding separation and divorce. Addressing matters such as dowry and Mehr is essential within these communities, ensuring equitable outcomes and honouring religious obligations.

Our team at Phoenix Law & Associates understands the significance of such cultural nuances and can provide guidance that respects both legal requirements and personal beliefs, ensuring a comprehensive approach tailored to your unique situation. (Fatima , Solicitor Bachelor of Law; Graduate Diploma of Legal Practice)

What is Separation?

In Australia separated means you have stopped living together as a couple, and at least one person in the relationship makes the decision to separate, acts on that decision and tells the other person. Your partner doesn’t have to agree. You can be separated and still be living in the same home.

There are no legal requirements for separation. If you’re new to Australia or are worried about residency, please talk to us about that.

One person may move out of the home, or you can be still living at home together but have separate lives—this is called ‘separation under the one roof.’ You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under one roof, they will consider whether:

  • you sleep together
  • you have sex or sexual activity
  • you share meals and domestic duties (in a different way than when you were married)
  • you share money and bank accounts
  • family and friends think of you as separated.

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation, but no one can be forced to.

Therapeutic, permanent and legal separation

Depending on your intentions, relationship therapists will talk about 3 possible states. Firstly, a therapeutic, healing or trial separation – which is temporary and structured time apart, to help a couple heal their broken relationship. The others – a permanent separation; and a legal separation.

Some benefits of a therapeutic or trial separation may be ;

  • Personal Growth: Time apart can foster personal growth and change. This evolution, coupled with a new understanding of oneself and one’s partner, can be a catalyst for reunions.
  • Challenges Ahead: Reunited couples are not exempt from challenges. They must address past grievances, manage external perceptions, realign after personal changes, and navigate the potential complexities of remarriage.
  • Foundations Matter: For a successful reunion, open communication, self-reflection, setting boundaries, and, if necessary, seeking professional counselling are crucial steps.

Divorce statistics.

The traditional expression “ the seven-year itch”, may have some truth as the average length of a marriage, at least in the United States, that ends in divorce is 8 years,  and here in Australia, most divorces happen between year three and year seven of marriage. Just 4% of couples divorce after 10 years of marriage.

One-sided divorce is possible in Australia as long as the couple has been separated for at least 12 months. The crude divorce rate (divorces per 1,000 Australian residents) was 2.2 divorces per 1,000 residents in 2021, up from 1.9 in 2020. It could be estimated that 44% of marriages in Australia end in divorce.

January is sometimes considered “divorce month”, as an enforced time in a challenging relationship without the usual space that work, sports and other activities may bring issues to the fore.  Lack of support and commitment is the most common reason given by divorcing couples. Other concerns may be too many arguments; Infidelity; being married too young; unrealistic expectations; lack of equality in the relationship; lack of preparation for marriage and substance or domestic violence or abuse.

Reunion rates show that between 10 to 15% of separated couples do reconcile, and approximately 6% of divorced couples remarry each other.

Preparing yourself early

As hard as separation or divorce might be, well-informed and supportive non-judgmental legal advice will lessen the emotional burden. A professional third party can help you navigate through the challenges. Often children are involved, and seeing the bigger picture may help minimise the impact on everyone.

Preparing yourself for any eventuality may include seeking mediation and protecting yourself financially by opening your bank account; separating assets or debts, and inventory assets.  We can help with planning and advice, as each person’s needs differ.

Language and Culture matter

Phoenix Law and Associates have compassionate and sensitive Family Law specialists to help you through. To gain a free introductory perspective call Phoenix Law & Associates 1800GETHELP.  We have multilingual lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian.

Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/  #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

With thanks; Legal Aid Queensland and Forbes review

PARENTING ARRANGEMENTS are delicate and emotionally charged.

FAMILY LAW is the main legal framework relating to divorce, separation, children, parenting arrangements, property, and financial matters.  But most would agree, there are few matters as delicate and emotionally charged as determining parenting arrangements.

When a relationship dissolves, whether through divorce, separation, or other circumstances, decisions about child custody and visitation rights become the most important.  As lawyers specialising in family law, Phoenix Law approaches your issue with sensitivity, diligence, and a thorough understanding of the legal intricacies involved. Let’s look at some key considerations when determining parenting arrangements.

The Best Interests of the Child

The best interest of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child and is a fundamental principle in Australian family law. When a parent or the Court makes any decision relating to a child, the child’s best interests are always taken into account. But what exactly constitutes the “best interests” in Australia?

The UN Convention on the Rights of the Child looks at evaluating and balancing “all the elements necessary to decide in a specific situation for a specific individual child or group of children”. With a multiplicity of factors to consider, usually, more than one profession or institution is involved in the assessment process, bringing together areas of expertise from the country-of-origin perspective and, the perspective of the child.

The following aspects are relevant

The child’s views and aspirations.

The identity of the child, including age and gender, personal history and background;

The care, protection and safety of the child;

The child’s well-being.

The family environment, family relations and contact;

Social contacts of the child with peers and adults;

Situations of vulnerability, i.e. the risks that the child is facing and the sources of protection, resiliency and empowerment;

The child’s skills and evolving capacities;

The rights and needs with regard to health and education;

The development of the child and her or his gradual transition into adulthood and an independent life;

Any other specific needs of the child.

What Does The Law Say?

Under Section 60CC of the Family Law Act 1975, the Court determines the best interests of the child based on two primary considerations – “the benefit to the child of having a meaningful relationship with both of the child’s parents; and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.”

Prioritising the best interests of the child may seem like a straightforward concept, but the application can vary significantly depending on the circumstances of each case. As your Family Lawyers, our role is to advocate for arrangements that promote the physical, emotional, and developmental well-being of the child above all else. At Phoenix Law, we have a range of multilingual lawyers, who understand your language and also your customs.

Types of Custody

Understanding the different types of custody is key to creating suitable parenting arrangements. Physical custody refers to where the child resides, while legal custody pertains to decision-making authority regarding the child’s upbringing, including matters related to education, healthcare, and religion. Custody arrangements can be sole (where one parent has primary custody) or joint (where both parents share custody responsibilities).

Parenting Plans

Developing a comprehensive parenting plan is the foundation of effective parenting arrangements, and outlines the specifics of custody and visitation schedules, communication protocols between parents, methods for resolving disputes, and any special considerations regarding the child’s needs. Crafting a well-thought-out parenting plan requires meticulous attention to detail and a thorough understanding of state laws and regulations.

Factors Considered by the Court

In cases where parents cannot reach a mutually agreeable arrangement, the court may intervene to determine custody and visitation rights. When making these decisions, courts consider a myriad of factors, including each parent’s ability to provide a stable and nurturing environment, the child’s relationship with each parent, any history of abuse or neglect, the child’s preferences (depending on their age and maturity), and each parent’s willingness to facilitate a positive relationship between the child and the other parent.

Exploring Mediation and Alternative Dispute Resolution

Given the emotional toll and financial burden of prolonged litigation, many courts encourage parents to explore alternative dispute resolution methods, such as mediation or collaborative law. These approaches aim to facilitate constructive dialogue between parents, empower them to reach mutually acceptable agreements and minimise the adversarial nature of traditional courtroom proceedings. As attorneys, Phoenix Law & Associates play a crucial role in guiding our clients through these processes and advocating for your interests, whilst prioritising the well-being of the child.

Modifications and Enforcement

Parenting arrangements aren’t static; they may need to be modified over time to accommodate changing circumstances such as parental relocations, remarriage, or shifts in the child’s needs. When seeking modifications, parents must demonstrate a substantial change in circumstances warranting the adjustment. Additionally, ensuring compliance with existing arrangements may require legal intervention if one parent fails to adhere to the agreed-upon terms.

In Summary..

Whilst piloting parenting arrangements, we must approach each case with empathy, professionalism, and a commitment to achieving outcomes that serve the best interests of the child. By understanding the legal principles, advocating effectively for our clients, and fostering cooperation whenever possible, we can help families navigate the complexities of custody and visitation with compassion and integrity.

Phoenix Law has skilled lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you with Family Law. CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/ #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Wills #Estates #Migration #Accident #InjuryLaw #BusinessLaw

We are professionals who take a practical, personal and compassionate approach.

Our director, Hideki Shimizu, takes an active role in the Brisbane sporting and youth-development community and heads the team at Phoenix Law & Associates
We have a multilingual team that is well-connected with communities in Brisbane, the Gold and Sunshine Coasts, and enjoy working together.
Our experience covers a wide range of matters, from complex international business matters right through to highly personal family law cases.
We work tirelessly to achieve the best possible outcomes for our clients.
As licensed members of the Queensland Law Society, we serve the public with fairness and professionalism.

We are seeking a COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team.

This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment, to handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.
• Conduct thorough legal research and analysis, and prepare pleadings, motions, and other legal documents.
• Represent clients in court proceedings, arbitrations, mediations, and negotiations.
• Develop and implement effective litigation strategies to achieve favourable outcomes for clients.
• Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.
• Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.
• Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field. We offer competitive compensation packages and a supportive work environment that fosters professional growth and development.

Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace. Phoenix Law – big firm talent; small team culture.

How to Apply
APPLY BY EMAIL: info@phoenix-law.com.au. | 300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw