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Han & Han [2026] FedCFamC1A 54 (Han & Han) provides important commentary around how loans between parents and adult children may be treated and categorised in family law matters.
Preserving intergenerational wealth is a key consideration when establishing trusts. However, the most recent decision in Caldwell and Caldwell [2026] FedCFamC1A 81 questions the strength of asset-protecting structures in family law proceedings.
The decision in Caldwell and Caldwell [2025] FedCFamC1F 506 (Caldwell) reaffirmed the position that while the Federal Circuit and Family Court (Court) has broad powers in respect to family law disputes, its powers are not limitless. In the context of preserving intergenerational wealth, particularly where long-standing family-operated businesses are involved, Caldwell provides welcomed reassurance that where trusts are established and structured effectively, for a clear genuine purpose, they can successfully limit assets from the reach of the Court.
After a relationship breakdown, one of the most pressing concerns for a separated person is often how they are going to be able to financially support themselves going forward. This is particularly so if it is now down to them alone to meet their bills and living expenses which were previously shared with or paid by their former partner.
It is an unfortunate reality in this day and age that many marriages and de facto relationships no longer last or remain intact until death. So, what happens if a marriage or de facto relationship has broken down and then one or both parties die? And what happens if one party or both parties to a family law matter have lost capacity and cannot manage their own affairs?
Family law matters have historically been matters relating to divorce, parenting arrangements, property settlements and the like. But what about our furry friends? Once a couple separates, how does the Court decide who is to retain the family pet.
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