Szabo & Associates News & Updates

Representation of children in family law proceedings in NSW can take different forms, but at the federal level, the Family Law Act 1975 provides for the possibility of appointing an Independent Children’s Lawyer (ICL). This is a legal practitioner who will represent a child’s interests in parental proceedings. This statutory form of child representation has been further developed by case law, particularly in the 1990s, and notably in Re K (1994) and in P and P (1995). More guidance about the role has also been provided by National Legal Aid Guidelines.

The issue of wanting sole and exclusive use of the family home arises during the course of a relationship breakdown. Sometimes the matter can be resolved amicably by one partner agreeing to move out or, where that is not possible, the parties agree to remain ‘separated under one roof’. 

This is the first of a series of articles which will provide you with a better understanding of our family law legal system.  It is our desire that this article has been informative in presenting an overview of our family law legal system. 

If a person is in a de facto relationship, their legal rights and responsibilities are comparable to those of a married couple. However, when a de facto relationship breaks down, the Court can make orders that will change the property interests of the affected parties. The Family Law Act 1975 (Cth) does not contain an exhaustive definition of what constitutes a ‘breakdown'. Therefore, identifying if and when a relationship breakdown has occurred can be contentious.

Every day, the courts and corridors of the Federal Circuit and Family Court of Australia are filled with separating couples and families, seeking that the Court adjudicate or approve their financial property settlement.