Blog

The ANU Family Law Course ran over the winter break. FGD were pleased to partner with ANU to assist students with understanding how litigation works from a family law perspective. To begin FGD Director and ANU Alum, Haydn Marsh, presented a workshop to the students on advocacy. He taught the...

Are trust assets up for grabs when it comes to family law property settlements? It has long been established that the answer to this question depends on the facts and circumstances of each case. The outcome of a leading High Court case in 2008 (Kennon v Spry [2008] HCA 56)...

From 1 July 2022, Hamish Cumming Family Lawyers will be joining the Farrar Gesini Dunn team at their Sydney office located at 2 Bligh Street Sydney.  We are excited about this next chapter and the benefits this will provide all of our clients. Kate Kensell and Julie Nessworthy have made...

We all know someone who has been through a separation, many of us have experienced it ourselves. Separation from a significant partner can be lifechanging. It is an incredibly challenging period and comes with strong emotions, grief and loss, fear, worry, never ending questions and, often, conflict with the ex-partner....

A staggering 1 in 2 LGBTIQ people will experience Domestic or Family Violence in their lifetime.  Studies have shown that Lesbian, Gay, Bisexual, Trans, Intersex and Queer (LGBTIQ) people are not only more likely to experience family violence, but less likely to recognise, report and receive appropriate support in response....

FGD are proud to announce, we are launching an LGBTIQ Legal Service. Recurrent enquiries into Australia’s family law system have found glaring issues with respect to the recognition of evolving LGBTIQ issues and access to justice for LGBTIQ identifying people. One of the key concerns is that the Family Law...

You’re going through a separation and want to move interstate with your kids. If you’ve commenced Court proceedings to work things out with your ex this is usually called a relocation case. If you’re thinking about relocating with children you should obtain specialist legal advice.

At FGD, our purpose is to represent and empower people with compassion and innovation. It is important for us to reflect on our purpose to create new ways to show up for our people, clients and community. This focus on reflection was the key driver of the firm’s most recent conference in Cairns.

It is natural to think that some of the first questions you should ask your family lawyer are: What does the law say should happen in relation to my children? What does the law say should happen in relation to our property and finances?

With close to a million viewers every episode over 9 seasons, Married at First Sight (MAFS) has made its way into households across the nation, and in particular quite a few right here in the FGD team (some say viewers, some say fanatics). With MAFS popularity, lockdowns, working from home...

Maybe your kids are heading back to school after an enjoyable holiday break, or maybe you’re one of the millions of Aussie parents who has a child who is a first timer for big school. Either way, if you are a single parent who is co-parenting with your ex, getting everyone (including yourselves) prepared for the first day of school can be a little stressful.

The death of a family member is distressing. Dealing with a challenge to a Will, family contesting to a Will, or uncertainty about what the Will means can compound that grief. Our clients will often come in to see us not knowing what the Will says or what the previous...

The Christmas season is said to be one of the most joyful times of the year, however any good family lawyer will likely report otherwise. With immense pressure on families both socially and financially, it is unsurprising that this season is one of the busiest times of the year for the family law sector. Without wanting to sound like ‘The Grinch who stole Christmas’, the end of year holiday period has proven to be the catalyst of many relationship breakdowns.

Those who are considering challenging a will by making a family provision claim need to be aware that time limits apply within which their application must be made. Each State and Territory has its own legislation governing family provision claims. Some jurisdictions run the time from the date of death while others run the time from the date of the grant of probate or letters of administration.

The Wills and Estates team at Farrar Gesini Dunn is pleased to announce that we have been further recognised in the respected Doyle’s Guide Listing for 2021, and for the first time in the Rising Stars category. Jessica Win is a brilliant young lawyer in our Wills and Estates team....

Everyone at FGD was holding their breaths after the excitement of restrictions lifting and the day being able to go ahead. We were all watching the dreary forecast but nevertheless, the showers cleared and the day went ahead…. There were 93 players out on the course who were welcomed by Esther Bogaart (Karinya House Vice President of the Committee) who reminded us of the important work that Karinya House do.

We bid farewell to Juliette Ford, a director of FGD since 2001, as she takes on a role with The Office for Family Safety, Community Services Directorate. This role has provided her an amazing opportunity to embrace work that allows her to continue to utilise all of her legal, strategic thinking, mediation and collaboration skills in a systemic advocacy and policy space. This form of advocacy has always been something that Juliette has been passionate about, and we support her decision to continue this opportunity, and so we wish her all the best as she retires from the FGD Partnership.

Christmas can be a busy time of year in the family law world. Many separated parents find it difficult to agree on what arrangements are best for their children, particularly over the holidays. The COVID19 pandemic has created even more stress for parents and children and can make holidays and...

As family law practitioners we deal with a large number of matters which center around care arrangements for children. In those matters, one of the questions most often asked by a parent is ‘When do the wishes of the children become relevant?’ Our response, as is usually the case in family law...

The ‘court merger’ represents the bringing together of the Family Court of Australia and the Federal Circuit Court of Australia into a unified structure called the Federal Circuit and Family Court of Australia.   Under legislation which passed through Parliament on 18 February 2021,* the Australian Government has introduced structural...

The Wills and Estates team at Farrar Gesini Dunn is pleased to announce that we have been recognised again in the respected Doyle’s Guide Listings for 2021. Our Estates Director, Timothy Morton, has been personally recognised as a Preeminent lawyer for Wills, Estates and Succession Planning and a Leading Lawyer...

Buying Real Estate with your partner, particularly if it’s your first home, can be an exciting time. However, it is also a very large commitment and comes with significant financial and legal ramifications. It also raises a number of questions for you as a couple that not everyone takes the...

The current FGD Directors are excited to announce that Ramya Balachandren and Haydn Marsh will be joining the partnership from 1 July 2021. Haydn and Ramya bring with them a wealth of knowledge and expertise in family law. We are excited for them to be leading the future of FGD...

We are excited to be able to congratulate founding partner, Denis Farrar, who was awarded a Medal of the Order of Australia in the Queens Birthday Awards yesterday. Denis’ award was for service to the law. He became a lawyer in 1976 and formed Farrar Gesini Dunn in 1995. He...

In Vitro Fertilisation (IVF) essentially means that an egg is fertilized outside the body and is then implanted into the uterus. It is basically any way (medically assisted or not) by which a woman becomes pregnant other than by having sexual intercourse. So, who is a legal parent in IVF procedures?

You’ve probably heard the statistic that 1 in 3 marriages in Australia end in divorce. Most people know someone close to them who has had their marriage break down and have probably heard every story on the spectrum.

Bitcoin and other cryptocurrencies are getting more media attention, and are also emerging as a new asset class. We observe a growing number of people who trade and hold cryptocurrency as part of their investment portfolio.

International Women’s Day is coming up next Monday and, although we aren’t hosting any celebratory events at FGD this year, the day is one that we are really proud to reflect on and acknowledge.

Phelps Reid Foster Johnson Lawyers are thrilled to announce that Olivia Gesini has returned to collaborative family law practice as a member of their team. Farrar Gesini Dunn (of which Olivia was a founding partner in 1995) welcome and support Olivia in this endeavour and are equally excited about what this announcement means for clients caught up in the family law system who wish to find a better way to separate.

We understand that a separation can be an emotionally and financially turbulent time; and the thought of spending weeks, months, or even years fight through Court can be terrifying. ‘Settle by Sunday‘ is a robust and intensive settlement negotiation that occurs over a weekend, taking conflict and delay out of a separation to reach a resolution.

After receiving recognition for our Canberra Family Lawyers last week, we are pleased to announce that Farrar Gesini Dunn’s Frank Chila from our Melbourne Family Law Team has also been recognised as a Recommended Lawyer on Doyles Guide in the category Leading Family & Divorce Lawyers – Melbourne, 2021. Congratulations...

We are proud to announce that our Family Law Team has once again been acknowledged by the esteemed Doyles Guide in the following categories: Leading Family & Divorce Law Firms – Canberra, 2021 Leading Family & Divorce Lawyers – Canberra, 2021 Leading Parenting, Custody & Children’s Matters Lawyers – Canberra,...

A gift of money from a family member or friend can help you realise your financial goals. But, if these monetary gifts are received during a relationship that later breaks down, how are these kinds of gifts treated?  Disputes may arise between separated parties as to whether the money was...

On Thursday 29 October Farrar Gesini Dunn hosted 148 players for our Annual Charity Golf Day at Federal Golf Club. Despite a wet week and the ever changing Covid-19 related restrictions we were able to gather together to support and raise much needed funds for Karinya House. As of lunch...

In most cases when people reach a property agreement, we recommend that they formalise it by Consent Orders. Consent Orders are made by a Registrar of the Court. That process happens ‘in Chambers’, so it is an administrative process that doesn’t require an attendance. When you file your Consent Orders,...

Every family law journey to final parenting Orders is different. Some parties agree more easily than others, and enter into Consent Orders. Others take a more challenging path through the legal system, and have Orders made by the Court as a result of a Final Hearing. Whichever your path, Final...

In 2020, more than ever before, social media and digital communications are being used as evidence in Family Law proceedings. Given the COVID19 Pandemic, people are more commonly resorting to technology and social media to communicate with each other. 4 common mistakes people make: Assuming it is private Just because...

Shared care is something that many parents wish they had, but for some it seems like an unachievable goal, particularly after a messy separation. But in some cases, if both parents are able to put aside their differences and work together, shared care can work very well. For shared care...

We are pleased to announce that the Farrar Gesini Dunn’s team has been recognised again in the prestigious Doyle’s Guide listing for 2020. We have been recognised at the highest levels ever since the list was published for the ACT. Farrar Gesini Dunn’s Estates Director, Timothy Morton, has been personally...

Given the unprecedented times we are experiencing, we all reflect on our lives and whether we have done enough to ensure our plans are robust to withstand an uncertain future.  This may include one’s estate planning. In our article in these uncertain times we have got you covered, we outlined...

If I had written this article five years ago it would have said – when selecting a family lawyer choose one that is confident, knows the law well, has a good reputation and a winning record (or something like that). Now I have been practicing as a family lawyer for...

As a Family Lawyer, we come across lots of different forms of domestic violence. Some of those forms are more obvious, like physical or verbal abuse. Occasionally, we hear from clients who are terrified because they have good reasons to believe that their ex is stalking them by tracking their...

The Court first considers whether or not it is just and equitable for the Court to make any orders at all. In most cases, this test is readily established (for example, when parties have joint assets accumulated over the course of a relationship that need to be divided to effect a settlement).

Recently, we bid farewell and good luck to Kathryn Heuer, who has been a director of FGD since 2005. Having practised in both family and estates law since 1989, the breadth and depth of her expertise has ensured her reputation as a highly regarded legal practitioner in all matters relating...

How are the Courts dealing with the Covid-19 pandemic? The Family Court of Australia and Federal Circuit Court of Australia have recently released directions about urgent family law applications filed in their Courts as a direct result of the impact of the coronavirus pandemic (COVID-19). If your parenting issue has...

You’ve probably heard the phrase ‘jack of all trades but master of none’ before.  Sometimes you need a master: a specialist in a particular area that is an expert in that field. In the areas of family law and criminal law having a master in your corner is essential. The...

A key concept in the law of Wills is the freedom to divide your estate as you see fit. In the ACT, if a willmaker had capacity to make a Will, intended the document to be a Will, knew and approved of the Will’s contents, and was not subject to...

At FGD we understand that the current living arrangements are tough on parents and children – and particularly those from families with separated parents. In order to help you arm yourself with some information and hopefully avoid conflict over the coming days and weeks we have put together some answers...

FGD always has the health and well-being of our employees, clients and communities at the front of mind, however at this uncertain time with the now escalating COVID-19 health crisis, I wanted to touch base personally. This is an uncertain and worrying time for us all. Whilst we do not...

By Kasey Fox Family Lawyer Kasey Fox discusses what the law says about the rights of grandparents to have a relationship with their grandchildren Do grandparents have rights? Recently, while watching a reality tv show (don’t judge me) I heard someone arguing about “Grandparent’s Rights”. A short while later, another...

Rewind to last Friday, 1 November 2019. To set the scene, it was a beautiful Canberra day, 31 degrees with a slight breeze under the huge trees at Federal Golf Club a crowd had gathered together polishing up their golf clubs and dousing themselves in sunscreen preparing for an afternoon...

We have built and developed our practice to offer the highest quality legal advice in the areas of Wills, estate planning, probate and estate administration. We are committed to doing things differently and providing the kinds of services our clients want.