top of page


Ruan & Chui (No 3): Third Party Joinder in Property Proceedings
Your ex says the house belongs to their mother. The money went to their sister's company. Can those relatives be pulled into your property proceedings — and what happens to them once they are? A 2023 Federal Circuit and Family Court decision shows the test for joinder in action.

Surge Legal
Aug 55 min read


Litigation Guardians in Family Law
Court proceedings assume both sides can give instructions to their lawyers. But what if one party can't? Two recent family law decisions show how the litigation guardian system works — and what happens when nobody can step into the role.

Surge Legal
Jul 245 min read


Two Relationships, One Pool of Assets: Who Gets What?
One man. Two former de facto partners. One pool of money left over from a house sale — and both women claiming a share of it. A 2026 Federal Circuit and Family Court decision shows how the court untangles consecutive relationships in a single hearing, and why the new family violence property rules changed the outcome.

Surge Legal
Jul 225 min read


Beyond the Watchlist: Child Travel Protections
How family courts protect children travelling overseas beyond the Airport Watchlist: security bonds, passports, notice periods and Hague Convention application.

Surge Legal
Jul 76 min read
![Domestic Violence in Family Law: Garnet & Garnet [2025] FedCFamC2F 1356](https://static.wixstatic.com/media/6684f3_de3c99afbe9f475ebc2d0f288db5e555~mv2.png/v1/fill/w_333,h_250,fp_0.50_0.50,q_35,blur_30,enc_avif,quality_auto/6684f3_de3c99afbe9f475ebc2d0f288db5e555~mv2.webp)
![Domestic Violence in Family Law: Garnet & Garnet [2025] FedCFamC2F 1356](https://static.wixstatic.com/media/6684f3_de3c99afbe9f475ebc2d0f288db5e555~mv2.png/v1/fill/w_454,h_341,fp_0.50_0.50,q_95,enc_avif,quality_auto/6684f3_de3c99afbe9f475ebc2d0f288db5e555~mv2.webp)
Domestic Violence in Family Law: Garnet & Garnet [2025] FedCFamC2F 1356
Threats, stalking, and a bank account switched on and off like a tap. This is what the Family Court found to be domestic violence in a case that reshaped a $3.2 million property split — and it could reshape yours too.

Surge Legal
Jul 14 min read


Family Law Property Settlement - Plain English Example
Confused by the family law jargon? Discover the property settlement process in plain English to help you divide assets fairly and keep the peace.

Surge Legal
Jun 146 min read


Wastage in Wilkes & Meyers: Did the Wife End Up Better Off?
Thinking of shifting money to a family member before you separate? A 2026 decision shows why that can cost you. After one partner paid nearly $300,000 to his father post-separation, the Court called it "wastage" and adjusted the property pool in his ex-partner's favour.

Surge Legal
Jun 43 min read


Loans in the Family Law Context - Sastry & Sastry Case Study
A grandmother loans her son hundreds of thousands of dollars during a marriage — but when the marriage breaks down, can that debt reduce what the wife walks away with? A 2023 Federal Circuit and Family Court decision says not necessarily, and the reasons why matter for anyone navigating a family law property settlement.

Surge Legal
May 115 min read


Dividing the Dogs: The Case of Arwen & Arwen
The family dog is often more than property — but in family law, that is exactly what it is. Here's how the court decided who keeps the pets after separation in a case of Arwen & Arwen.

Surge Legal
Apr 235 min read


The Price of Hiding: How Non-Disclosure May Result In Indemnity Costs
A summary of a recent case where a husband concealed a real estate appraisal and quietly arranged to sell the family's commercial units to gain advantage over his ex-partner. The Court set those orders aside and ordered him to pay the wife's full legal costs. Your duty to disclose in family law is not optional.

Surge Legal
Apr 204 min read
![Case Review: Zella & Canino [2022] FedCFamC1F 314](https://static.wixstatic.com/media/6684f3_9357c9e7b736402aa9fe91c965431bf4~mv2.jpeg/v1/fill/w_333,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/6684f3_9357c9e7b736402aa9fe91c965431bf4~mv2.webp)
![Case Review: Zella & Canino [2022] FedCFamC1F 314](https://static.wixstatic.com/media/6684f3_9357c9e7b736402aa9fe91c965431bf4~mv2.jpeg/v1/fill/w_454,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/6684f3_9357c9e7b736402aa9fe91c965431bf4~mv2.webp)
Case Review: Zella & Canino [2022] FedCFamC1F 314
Why was a 15-year-old prenup thrown out? Explore the Zella & Canino case to learn how technical errors and pressure can void a Financial Agreement in Australia.

Surge Legal
Apr 83 min read


The Cost of Grief: Cotsis & Cotsis Case Review
Grief, trauma, and a "special disadvantage" were at the heart of the Federal Circuit Court of Australia's decision in Cotsis & Cotsis [2021] FCCA 673. The ruling serves as a profound legal lesson that timing, emotional capacity, and the specific circumstances of a signatory can invalidate even a seemingly standard financial agreement.

Surge Legal
Mar 132 min read


Property Settlement After Separation in NSW: A Plain Language Guide (2026)
Sorting out finances after a breakup is a major life transition. From the family home in Pymble to superannuation and even the family pet, understanding how property is divided in 2026 is vital. This guide breaks down the four-step legal process used in NSW and explains how Surge Legal helps clients in Parramatta and the North Shore achieve a fair and equitable outcome.

Surge Legal
Mar 24 min read


Who Gets the Pet in a Separation?
Who gets the dog after separation? Discover how new Australian family law rules help courts decide pet ownership disputes during property settlements.

Surge Legal
Mar 13 min read


Add-Backs: A Post-Mortem
On 23 July 2025, the Full Court of the Federal Circuit and Family Court of Australia made an important ruling in Shinohara & Shinohara. [2025] FedCFamC1A 126 which ends the long-standing practice of adding back disposed or spent assets to the property pool.

Surge Legal
Aug 31, 20252 min read


Understanding the Family Law Amendment Act 2024: Overhaul to Financial Provisions
The new amendments to the Family Law Act 1975 represent a marked shift toward legislative clarity. Family violence is no longer a peripheral factor—it is central to the analysis in both contribution and needs-based assessments.

Surge Legal
Jul 13, 20253 min read


Unpacking Initial Contributions in Family Law
A crucial, and often contentious, factor the Family Court considers is what each partner brought into the relationship. These are known as "initial contributions," and understanding their significance can dramatically impact the outcome of your property settlement.

Surge Legal
Jun 26, 20254 min read


Hidden Assets and Forensic Accountants: Tracing the Money in Family Law
In family law proceedings involving property settlement, full and frank financial disclosure is not just a formality – it is a legal...

Surge Legal
Jun 9, 20253 min read


Cost Orders in Family Law Proceedings
Learn when costs orders may be made in Australian family law proceedings, including the role of section 117 and Calderbank settlement offers.

Surge Legal
Jun 2, 20254 min read


Establishing a De Facto Relationship - Case Study
A case study of the recent judgement which examined the issues relating to the existence of a de facto relationship on appeal.

Surge Legal
Mar 16, 20254 min read
bottom of page
