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.