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

Known sperm donor: can they claim parental rights?

A known sperm donor can make the path to parenthood feel more personal and familiar. However, knowing the donor does not necessarily make the legal position straightforward. Can that donor later be recognised as a parent? The answer is maybe. Australian law distinguishes between different circumstances of conception, including donation through an IVF clinic, home… Read More »Known sperm donor: can they claim parental rights?

Is a sperm donor a legal parent in Australia?

A sperm donor is not necessarily a legal parent in Australia. Equally, describing a man as a “donor” does not automatically mean he cannot be one. The answer depends on how conception occurs and, particularly with a known donor, the understanding behind the arrangement and what happens after the child is born. That distinction matters… Read More »Is a sperm donor a legal parent in Australia?

Paid sperm donation in Australia: is it legal?

Sperm donors in Australia cannot be paid a fee for their donation. They can, however, be reimbursed for reasonable out-of-pocket expenses. That distinction is the starting point for understanding what is lawful and what could amount to a criminal offence. Australian sperm donation must be altruistic. A donor can help someone have a child without… Read More »Paid sperm donation in Australia: is it legal?

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