Property Settlement in Australia

Property Settlement in Australia

Australian property settlement law is a nuanced and evolving field, shaped by both federal and state legislation and guided by decades of judicial interpretation. While Australia offers a discretionary regime under the Family Law Act 1975 (Cth), practitioners and parties alike must navigate a complex interplay of rules, time limits, and legal principles. These include the distinctions between married and de facto couples, how property pools are assessed, and the significant role of future needs and contributions.

During the 27th Annual Family Law Conference held in Cape Town on Thursday, 27 March 2025, acclaimed family law specialist Stephen Page delivered a comprehensive overview of property settlement in Australia. His presentation explored not only the core statutory frameworks and judicial trends but also highlighted emerging issues such as the treatment of companion animals, embryo disputes, and the impact of family violence on property division. Drawing on decades of experience, Stephen provided delegates with a practical and insightful summary of how property settlements are approached in both domestic and international contexts.

Whether you’re a practitioner working in family law, a student of comparative legal systems, or an interested observer of international family justice, this paper offers valuable guidance and clarity. Download the full paper now to access Stephen Page’s in-depth analysis on the intricacies of property settlement law in Australia.

DOWNLOAD THE PAPER HERE.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Why adoption has become “institutionally invisible” in Queensland

Queensland’s child protection system is facing an urgent and deeply troubling question: why are children who cannot safely return home being left in state care for years, often moving from placement to placement, without genuine consideration of adoption? The recent Child Safety Inquiry has put that question squarely on the table. Its findings are confronting.… Read More »Why adoption has become “institutionally invisible” in Queensland

Queensland sperm donor family limits explained

  Queensland’s new sperm donor family limits were meant to provide sensible safeguards for children conceived through donor treatment. Instead, Queensland Health has adopted an interpretation that appears to split a female same sex couple into two separate families. That position is difficult to reconcile with the law, common sense, and the lived reality of… Read More »Queensland sperm donor family limits explained

South Australia surrogacy agreements: are they unlawful?

South Australia takes a distinctly narrow approach to surrogacy agreements. The issue is not simply whether a proposed arrangement is altruistic, or whether everyone involved has acted with the best of intentions. Under the Surrogacy Act 2019 (SA), the first question is whether the arrangement falls into the category of a lawful surrogacy agreement. That… Read More »South Australia surrogacy agreements: are they unlawful?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board