Domestic and family violence is a confronting reality that affects thousands of Australians each year — and it doesn’t stop at the front door of a workplace. To support those affected, both Queensland and national laws provide paid leave entitlements for employees experiencing domestic or family violence.

At Omnia Legal, we regularly support both individuals and businesses in understanding their rights and obligations when it comes to workplace protections. Here’s what you need to know about navigating domestic and family violence leave (DFV leave) in Queensland.

In today’s digital age, separating couples aren’t just dividing the family home, cars, and superannuation—they’re also grappling with digital assets. From Bitcoin wallets to valuable NFTs, streaming accounts, and online businesses, these assets can carry real financial and sentimental value.

But how do Australian family courts deal with digital property? And what do you need to know if you or your partner own assets that live entirely online?

When separation happens, one of the biggest questions clients ask is: “Can I keep the house?”
Whether it’s for your children’s stability, financial peace of mind, or emotional comfort—deciding who stays in the family home can be complicated. This article will unpack your legal options and outline what courts consider when it comes to property settlements in Australia.

Previously, the law had treated pets as property, similar to cars and furniture. However, recent amendments to the Family Law Act which is commencing on 10 June 2025 has introduced specific provisions for pets which are now formally recognised as “Companion Animals” when it comes to property settlements for both married and de facto couples.

Coercive control has now been a criminal offence in Queensland. The new legislation was introduced on 26 May 2025 following years of advocacy from families like the Clarkes. If you’re unfamiliar with the story of Hannah Clarke, here is a brief overview of the tragic events that led to this important change.

It is a common misconception that when children reach the age of 12, they gain the authority to decide which parent they want to live with or how much time they want to spend with each parent. However, it is important to note that there is in fact no such age at which a child’s wishes become the deciding factor in any outcome for family court proceedings.  

Currently, under sections 61D and 61DB of The Family Law Act 1975, there is a presumption that parents have equal shared parental responsibility when a court is making parenting orders.

This means that at a starting point, it is in the best interest of the child to spend equal and substantial/significant time with each parent. This also means that the parents are to share equally the duties, powers and responsibilities of a parent, such as making long term decisions about the child.  

Following separation, you may find yourself in one of the following predicaments:

(a) You remain living in the family home that has a mortgage over it, whilst your partner has moved out.

(b) You have moved out of the family home and your partner remains in the home.

When parties with children separate, there may be a disagreement about the time the children will spend with the other parent. This can in turn create another hurdle for children to spend time with grandparents on both sides of their family.

When a relationship breaks down, superannuation frequently represents a significant part of the asset pool of the relationship and often raises the most questions. Understanding how superannuation should be dealt with as part of a property settlement is important and can be complex as many factors can influence how much superannuation a person has been able to accumulate, for example, when a party has taken time away from the workforce to raise children.

The duty of disclosure in family law is a fundamental legal obligation that requires parties involved in a family law matter to exchange all relevant information related to the issues in dispute in a timely manner as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This relates to both property and parenting matters.

When faced with a relationship breakdown, tax issues might be the last thing on your mind, however, Capital Gains Tax can impact the value of a family law property settlement.

The Family Law Act 1975 (Cth) (the Act) section 60CA requires the Court to consider the best interests of a child when deciding a particular parenting order.

Sometimes during separation, it can be hard for parents to put aside their own interests and recognise the outcome(s) that will be best for their child or children.

Section 60CC of the Act sets out primary and additional matters that the Federal Circuit and Family Court of Australia must consider when making orders.

A Consent Order is an order made by a court when parties have reached an agreement which they want to document to be legally binding. A Consent Order in family law can be made regarding both property and parenting matters. When an agreement has been reached, an application can be made to the court for the orders to be made, however, the parties are not required to attend court. The matter is heard by a Registrar in the Federal Circuit and Family Court of Australia, without appearance by either party.

The Family Law Act 1975 (Cth) (the Act) sets out the timeframes or standard application periods that parties to a relationship can commence court proceedings for the split of relationship property.

After separation, couples may need assistance from the Federal Circuit and Family Court of Australia to determine the division of property and assets, and the care arrangements of children. When the court determines an outcome, these are called orders and they must be followed by the parties.

Buying or selling a home is an exhilarating journey filled with excitement and anticipation. However, it can also be a bit overwhelming, especially when it comes to navigating the legal aspects of the transaction. But fret not! We're here to help you through the process with ease and confidence. Here are the essential steps to get you started:

Every year in May, Queensland recognises Domestic and Family Violence Prevention Month, which aims to raise community awareness of domestic and family violence and coercive control, and the services available to support individuals experiencing family violence.

What relief might a non-bankrupt spouse have against the trustee in bankruptcy (where their spouse is bankrupt)

The pool of assets available to a debtor’s creditors can be affected by a non-bankrupt’s rights under the Family Law Act 1975 (FLA).[1] Section 31 of the FLA allows the court to have accrued jurisdiction where there are other proceedings in other jurisdictions where a trustee may have commenced proceedings about a similar dispute about the division of matrimonial property.[2] 

Domestic violence can have a serious long-lasting effect on victims and their families.

Some of the potential impacts can include:

1. Physical Injuries: broken bones, cuts or even death.

2. Psychological trauma: post-traumatic stress disorder, anxiety, or depression.

3. Social Isolation: can make victims feel ashamed and isolated from family and friends.

4. Economic Instability: being financially dependent on an abuser can cause financial hardship.

5. Health Problems: chronic pain gastrointestinal problems, headaches etc.

6. Children: witnessing the abuse, thinking it’s normal behaviour.