Family Law Amendment Act 2024: A Closer Look at Key Reforms

March 2025 Edition

If you're dealing with property disputes or family law issues, staying informed about these changes is crucial. Contact our team today for trusted professional advice on how these reforms could impact your case. We're here to guide you every step of the way.


The Family Law Amendment Act 2024 marks a pivotal moment in Australia’s legal framework for family law. By addressing long-standing issues in property settlements and family violence considerations, the Act strengthens protections for vulnerable parties and introduces critical updates to existing practices. Below, we delve into the Act’s most significant changes and their implications. The amendments will take effect from 10 June 2025.


1. Property Reforms: Codifying Key Principles

The Act codifies practices previously developed under common law, ensuring consistency and clarity in how courts handle property settlements.


New Requirements for Property Alterations

The legislation mandates 2 additional steps a court must take when altering property interests:

  1. Identify Existing Rights: Courts must assess the legal and equitable rights of each party, accounting for all assets and liabilities (identifying the property pool).
  2. Evaluate Contributions and Circumstances: Under amended sections 79 and 90SM, courts consider both parties’ financial and non-financial contributions, as well as their current and future circumstances.


Family Violence and Property Settlements

In a significant development, the Act explicitly recognises the impact of family violence in property proceedings. Courts must now consider how family violence:

  • Hindered a party’s ability to contribute financially or otherwise.
  • Imposes ongoing costs, such as counselling or medical expenses.


New Examples of Financial Misconduct

To address inequities in property settlements, the Act outlines instances of financial misconduct, such as:

  • Material Wastage: Gambling or other reckless financial behaviour.
  • Unsecured Liabilities: Debts incurred without mutual consent.


2. Economic Abuse as Family Violence

The definition of family violence now encompasses economic and financial abuse, reflecting a broader understanding of abuse in family dynamics. Examples include:

  • Withholding financial support for basic living expenses or child support.
  • Coercing dowry payments.
  • Controlling employment opportunities or superannuation.

These changes offer a stronger legal foundation for victims, enabling them to seek redress and fair outcomes in property proceedings.


3. Pets in Property Settlements

The Act introduces specific provisions for resolving disputes over companion animals. Courts are limited to two options:

  1. Award ownership of the pet to one party.
  2. Order the pet to be sold.


Decisions are informed by factors such as:

  • Who primarily cared for and acquired the pet.
  • Any instances of family violence involving the animal.

This framework simplifies disputes while ensuring the pet’s welfare is considered.


4. Extension of Less Adversarial Trial (LAT) Process

Originally designed for child-related matters, the LAT process now applies to property disputes. Key advantages include:

  • Reduced formalities and delays.
  • Enhanced safety measures for victim-survivors, requiring courts to inquire about family violence risks.


5. Reinforced Duty of Financial Disclosure

Under the Act, parties in financial proceedings have a continuous obligation to provide full and frank disclosure of all financial assets and liabilities. Non-compliance carries significant consequences, including:

  • Costs orders against the non-compliant party.
  • Adjustments to property entitlements.


Legal practitioners must now proactively advise clients of these duties and the penalties for failing to meet them.


Conclusion

The Family Law Amendment Act 2024 signifies a progressive shift towards a more equitable and transparent family law system. By codifying key principles, expanding the definition of family violence, and streamlining processes, the Act addresses critical gaps in the legal framework.


For individuals navigating property disputes or other family law matters, understanding these changes is essential. For further advice on how these reforms may affect your case, reach out to our team for guidance.


Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.

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However, most disputes end at adjudication – the cost and delay of further litigation means parties often accept the determination as final. The Timeline: Speed Is Everything Adjudication moves fast. Once an application is made: Queensland : You typically have 10 business days to file your adjudication response. The adjudicator then has 15 business days to make a determination (extendable to 20 days with consent). New South Wales: You have 5 business days to file your response (extendable to 10 days with claimant consent). The adjudicator has 10 business days to decide (extendable to 15 days). These timeframes are strictly enforced. Late submissions may be rejected entirely, leaving you unable to present your case. What goes into an Adjudication Response? Your adjudication response is your opportunity to defend your position. It must be comprehensive because you’re limited to the reasons you included in your payment schedule – no new arguments are permitted. A strong response typically includes: Detailed submissions: Explaining why the scheduled amount is correct, addressing each element of the claim Supporting evidence: Contracts, correspondence, site records, photographs, expert reports, invoices Legal analysis: Interpretation of contract terms, legislative requirements, and relevant case law Technical challenges: Jurisdictional objections, validity issues with the claim or adjudication application This is not a simple letter. Adjudication responses regularly run 30–50 pages with extensive annexures. The adjudicator will be reviewing both parties’ submissions simultaneously, so clarity and organisation matter. The Adjudicator’s Decision The adjudicator will issue a written determination setting out their decision and reasons. 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The principle is “pay now, argue later.” The Importance of Early Preparation The adjudication timeframes are tight. Once you serve a payment schedule disputing a claim, you should assume adjudication is coming and start preparing immediately: Waiting until the adjudication application arrives leaves you scrambling. In NSW, with only 5 business days to respond, delay can be fatal to your case. Get Legal Guidance Adjudication is a high-pressure, time-critical process that requires immediate action and strategic thinking. Whether you’re facing an adjudication application or considering applying for one yourself, experienced legal advice makes the difference between success and failure. CJM Lawyers’ litigation and dispute resolution team regularly represents clients in security of payment adjudications across Queensland and NSW. We understand what adjudicators look for, how to present your case effectively, and how to protect your interests under tight deadlines. Don’t navigate adjudication alone – contact CJM Lawyers today. Disclaimer: This article provides general information only and does not constitute legal advice. Every adjudication is unique and requires specific legal advice tailored to your circumstances. Contact CJM Lawyers promptly if you are involved in a security of payment dispute.
By Kale Venz 3 February 2026
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