Blog

FGD is proud to welcome the list of below individuals to the Partnership. The title and responsibility change for these individuals reflects the leadership, dedication, and hard work they have consistently demonstrated over time. In line with FGDs commitment to doing things differently, we are pleased to highlight that this...

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.

The school holidays and in particular Christmas is a busy time of year in the family law world. The first Christmas holidays after a separation can be the hardest to navigate as parents try to develop a new normal.

On Thursday 14 November, FGD held our annual charity golf day in support of Fearless Women at the Federal Golf Club in Canberra. Whilst the weather apps predicted rain & thunderstorms, Canberra turned on the most specular sunny day for the event.

We are excited to inform you that FGD has moved premises right across the road to Suite 2/29-33 Orlando St, Coffs Harbour NSW 2450.

We are very proud to have sponsored the 20th National Family Law Conference in Perth last week! A total of 15 solicitors from our offices in Canberra, Sydney, Melbourne and Coffs Harbour attended the Conference, which was a great success. The conference is a gathering of judges, politicians, family lawyers...

What is meant to be the happiest time of your life can have unintended consequences for you. Not everyone who dies without a Will does so intentionally. Some people actually make the effort to set up a Will but then marry, not realising that marriage revokes the Will. There are...

It is not uncommon for parents to want to take their children on holidays overseas. Obviously, such holidays provide an opportunity for a child to be exposed to a different culture and a different way of life but most importantly, an opportunity to spend quality time together and have fun! During a relationship, arranging overseas travel is generally an exciting and uncomplicated issue. However, when parents have separated it can become extremely complicated and stressful.

Embarking on the journey of marriage or de facto relationship often comes with many financial decisions. One of the most significant decisions involves the ownership of property. Adding your spouse or de facto partner to your existing property title is common practice but it is not a decision to be taken lightly. It can have profound implications on tax, estate planning and, even your relationship with your partner.

We are excited to announce the appointment of Victoria (Tori) Kilby & Tim Gough to the FGD Directorship. Joining our current Directors Sarah & Frank in Melbourne, Tori & Tim bring a wealth of knowledge and experience and have an innovative approach to Family Law. Their combined leadership will ensure we continue to deliver exceptional results for our clients.

Family Law property orders can attract exemptions from stamp duty, Capital Gains Tax (CGT), and other taxes and duties, provided they are carefully drafted, satisfy the relevant taxation laws, and importantly, are strictly complied with. Failing to comply with the precise terms of the Family Law orders can result in...

Recently I saw numerous headlines pop up in my news feed about a new parenting case. Some headlines included "Birth mum loses to Sperm donor in landmark custody case", and "Sperm donor wins custody of child over birth mother in landmark case".

Binding Financial Agreements (colloquially known as “pre-nups”) have historically been used by older people who are entering into second or subsequent relationships and want to protect their wealth. They are becoming increasingly more common among younger people- particularly where one or both parties to a relationship have been gifted or...

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.

In Australia, Binding Financial Agreements (BFAs), colloquially known as prenups, are becoming more common, particularly for people who are in a second de facto relationship or marriage and those receiving gifts from their parents to purchase a first home. Couples are far more likely to see eye-to-eye at the start...

Today, 28 May, is LGBTQ Domestic Violence Awareness Day. This is an initiative run by the LGBTQ Domestic Violence Awareness Foundation which is a national advocacy group in this space. Since earlier this year I have been assisting their board of directors as the ACT Coordinator. FGD was proud to host a morning tea to reflect on this day and show our support to the cause.

When FGD first started taking our staff to Bali in the late 90's we were a much smaller firm, around 15 people. Fast forward to Easter 2024 where 89 staff from across our 4 offices embarked on our biennial Bali conference to strengthen our professional relationships, exchange insights and rejuvenate our state of minds.

At FGD, we care about achieving the best outcomes for you in your family law matter, particularly when it comes to achieving a fair division of your shared assets and ensuring proper care arrangements for your children. We also care about ensuring that your intentions can persevere in the long-term in the event of your death, which may happen unexpectedly.

Making a will is something most people have on their to do list. Not everyone gets around to it though. It is estimated that about 50% of Australians die without a valid Will. Do you need a Will? The short answer is yes.

FGD have had a very busy & loved filled week celebrating Valentine’s Day across our Canberra, Sydney & Melbourne offices! We know you are probably wondering, why on earth would we celebrate such a day being a Family Law Firm?! Well, we like to think outside the box not only...

Update We are pleased to inform you that our Coffs office has moved to Suite 2, 29-33 Orlando Street, Coffs Harbour NSW 2450, from Friday 15 November 2024, feel free to pop in and say hello and we will make you a cuppa! We are thrilled to announce the opening...

The decision to meet with a family lawyer may not be an easy one and it may seem daunting or confronting. People often come to us feeling dejected, powerless, or overwhelmed. You may feel the same way, and you may even worry that seeing a lawyer will make things worse and be very expensive.

The ACT Government is supporting homebuyers in Canberra by increasing the stamp duty concession for off-the-plan purchases to include unit-titled townhouses and apartments valued up to $800,000.

Long awaited changes to surrogacy laws in the ACT have been proposed today. The Parentage (Surrogacy) Amendment Bill 2023 was introduced to the Legislative Assembly this morning.

Our FGD Melbourne office was opened in 2011, since then we have welcomed many new staff members and have outgrown the space. We are excited to announce that we are moving from Little Lonsdale St, Melbourne to our beautiful new office space at Suite 3, Level 15/385 Bourke St, Melbourne VIC 3000.

Farrar Gesini Dunn is excited to announce the recent promotion of Gillian Hunter to the Directorship. Gillian brings empathy to her practice and is focused on preserving relationships in the resolution of disputes, where possible.

Yesterday FGD welcomed over 100 golfers in support of Fearless Women to our annual Charity Golf Day at Federal Golf Club. We are very pleased to announce that we have raised an FGD record breaking amount of $25,263 for Fearless Women. We couldn’t have done it without the support of all our players and amazing sponsor

Going through a separation from your partner or spouse can be the most stressful and difficult time in a person's life. We are here to make it as easy as possible by helping you along the way and ensuring that the arrangements for your children are appropriate and your financial future is secure.

The Court has announced new fees effective from 1 July 2023, and as family lawyers have come to expect, there have been increases to the fees across the board. The following table outlines some of the difference in fees pre and post 1 July 2023:

We bid farewell to Ann Northcote, a director and one of our earliest employees at FGD since it's inception in 1995 as she takes on her next role… retirement. Over the past 28 years Ann has worked at FGD, she has had an incredible journey from an employee to a trusted business partner. Her retirement is a well-deserved reward for years of hard work and dedication.

When a relationship breaks down, dividing up property between you and your ex-partner can be a difficult and confusing task. This task can be made even more confusing when you consider contributions which occur after separation. Finalising your property matter can take time and your circumstances will not always be...

What is a breach? A breach (or contravention) of a parenting order occurs when a party to an Order: intentionally fails to comply with the order; or makes no reasonable attempt to comply with the order; or intentionally prevents someone else from complying with the order; or helps someone else...

To put it mildly, separating from a partner is a daunting concept. It puts a full stop on life as you know it and can feel like free falling into an unknown future. There are many things to consider and initially, the questions outweigh the answers.

It’s been nearly one year since the launch of our LGBTIQ Legal Service and we have been overwhelmed by the support we have received both from the legal community and our clients. Through this service we have been able to assist and engage with members of the LGBTIQ community and...

At FGD, we care about YOU, not just your legal needs. We are proud to do things differently. That’s why we have pioneered a unique role – but essential in our view – in a law firm.

It is common for families to struggle to agree on how significant holidays such as Easter or Christmas should be spent, whether it be for specific family traditions or who's side of the family they should spend the holiday with. If you're recently separated, this can make any holiday season even more challenging. Struggles like this occur even in families that are not separated!

Autumn is a time of change, shedding the old for the new. For newly separated families, the symbolism is apt. By Autumn, newly separated couples have navigated through the Summer holidays and Christmas season, and started back at work. For the first time, they have had to figure out how...

This week is Harmony Week in Australia! As one of the world's most successful multicultural countries, Harmony Week helps celebrate Australia's diversity. This week is about celebrating diversity, inclusiveness, respect and belonging for all Australians. Did you know that in Australia, approximately 17.5% of Australians are of Asian descent and another 3.3% of Australians identify as Indigenous?

Haydn passed away peacefully, 9.02.2023. Haydn was an amazing human, he showed empathy, concern for others and always strived to do the right thing. He will be missed greatly by everyone at FGD and our thoughts are with Rehana, Xavier and his family at this devastating time.

On behalf of everyone at FGD, Happy Valentine's Day! This Valentine's Day we wanted to remind you that FGD would relish in helping you out of any pickles or jams you find yourself in. We are pleased to be partnering with Cornersmith who echo our commitment to innovation and Going Green.

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.

We are all familiar with New Year Resolutions. They mark the end of the year that has been and invite reflection and evaluation. They date stamp the start of something new and prompt us to identify what is important to us in life and what we wish to focus on in the coming year.

The family law team at Farrar Gesini Dunn is proud to announce that Nicholas Smith and Anastasios Keramianakis have been featured in the Doyle’s Guide Rising Stars category for 2023. Congratulations Nick and Tassi!

Following separation, it’s common for parents to think in terms of what they’re entitled to when it comes to sharing custody of the kids. While the world has come a long way in equalising parental responsibilities between men and women, the way this question normally materialises is whether dads have equal rights to mums.

In most cases “separation” occurs when one person moves out of the family home. Usually the person who moves out doesn’t expect it to be the last time they ever set foot in the place they called home. But often it is when a family violence order is in place....

Ahead of our FGD Charity Golf Day last Thursday, the rain forecast was looking grim. All of us at FGD had our fingers and toes crossed for a beautiful day, and for the second year in a row, our wish was granted! This year we continued to support Karinya House...

We are often asked the question, “Why make a Will when it can just be challenged anyway? It seems like courts do not uphold a person’s wishes even if there is a Will, so why bother?” You should definitely make a Will for many reasons. Most importantly, so that your...

We have been so thrilled to welcome the Hamish Cummings Family Lawyers team into the FGD family. We officially welcomed them by hosting a celebration in our FGD Sydney office. We shared bubbles and nibbles and toasted to Kate Kensell & Julie Nessworthy joining the directorship. They have been such...

After endless lockdowns, mask wearing, working from home and the other fun aspects of Covid-19, the Family Law Section 19th Family Law Conference had finally arrived on 14 August 2022. Only 4 rescheduled dates later, we finally arrived! A number of our FGD staff from the Melbourne, Canberra and Sydney...

One of the biggest considerations when parties separate is who will pay the mortgage and other expenses in the intervening period before parties reach an agreement. Generally, these expenses don’t stop when two people separate- and parties to a relationship which has broken down often see a drastic increase in...

Farrar Gesini Dunn are pleased and excited to announce that we are finalists in the ACT Law Society’s 2022 ACT Law Firm of the Year. The ACT Firm of the Year recognises the efforts of local firms in contributing to access to justice, to innovative legal technology, to a healthy...

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...

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 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.

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...

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...

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.