AUSTRALIA Trends and Developments Contributed by: Matthew Doyle, Kate Clissold and Eleanor Lau, Lander & Rogers
Lander & Rogers Level 5, 33 Alfred Street Sydney NSW 2000 Australia
Tel: +61 2 8020 7700 Fax: +61 2 8020 7701 Email: familylaw@landers.com.au Web: www.landers.com.au
Introduction Family law in Australia is a dynamic and evolving space. It is a pivotal time for Australian family law and 2025 saw a number of significant developments – spanning legislative changes, landmark cases, and regulatory updates, while the profession keenly wit ‑ nessed the changes unfold. The most notable and recent development has been the major legislative reform to the Family Law Act 1975 (Cth), implemented on 10 June 2025. In addition to these amendments, a significant development in Australian family law was the upheaval of “add-backs” in financial proceedings. The 2025 Amendments to the Family Law Act: A New Era for Family Law What is the Amendment Act 2024? On 10 December 2024, the Australian Parliament enacted the Family Law Amendment Act 2024 (the “Amendment Act”), introducing wide reaching chang ‑ es to the Family Law Act 1975 (the “Act”). These reforms primarily affect how property settlements are handled and apply to both new and ongoing matters, unless the case has already reached a final hearing. Changes to the property settlement process The Amendment Act reshapes the criteria the Fed ‑ eral Circuit and Family Court of Australia (the “Court”) must consider when determining property settle ‑ ments. Although the familiar four step methodology remains, its operation is now more explicitly drawn from legislation. The Court must:
• identify the total asset and liability pool of the par ‑ ties; • evaluate each person’s contributions, whether financial, domestic, or related to family welfare; • examine the parties’ present and future circum ‑ stances, such as age, health, income prospects, and the needs and housing requirements of any children; and • ensure the outcome is fair and equitable in light of all relevant considerations. A major development is the formal incorporation of principles from Kennon and Kennon . The Court is now required to consider how family violence may have affected a party’s contributions or ongoing needs, reinforcing the relevance of domestic violence in financial matters. Further, Section 4AB of the Act has been expanded; economic and financial abuse are now defined more clearly, and dowry-related abuse is expressly recognised. Assessing current and future circumstances The Amendment Act extends the list of matters the Court may address when assessing the parties’ ongo ‑ ing financial needs. These include the following. • Family violence – courts may consider its eco ‑ nomic impact, adopting a wider interpretation than previously recognised in case law. • Wastage – if one party has deliberately or irrespon ‑ sibly depleted assets or financial resources. • Liabilities – the Court may consider the nature and context in which debts were incurred.
27 CHAMBERS.COM
Powered by FlippingBook