
Defending Family Law Property Claims
In the recent case of Wasem & Nasser (No 5) [2024] FedCFamC2F 1063 the main asset held by the parties was a partially completed development registered in the husband’s sole name and subject to a loan with Westpac, as well as other caveats securing debts to creditors as part of the construction.
Orders were made restraining the husband from dealing with the property, other than to borrow an additional $160,000 to complete construction.
Despite this restraint, and unknown to the wife until it was too late, the husband refinanced the loans and paid out creditors secured over the property, borrowing additional funds of $1.4 million. He then withdrew these funds in cash, expending it all without any proper explanation.

Who gets to decide?
The amendments to the family law act remove the presumption of equal shared parental responsibility. Any allocation of responsibility is now based only on what is in the child's best interests.

Smoke weed?
‘If I ask for him to do a drug test, will I have to do one too? … I smoke a bit of weed sometimes.’
In 2023, what will the court say about her marijuana use?

Family reports and family report writers
A family report is a written assessment prepared by a social science expert to assist a judge in deciding parenting arrangements that are in the best interests of the child or children. Family reports involve an independent forensic assessment of the family, done from a social science and non-partisan perspective. Family reports usually provide advice about family dynamics including the attitudes and parenting capacity of each parent, the child’s relationship with the parents and significant others, the child’s wishes and views, and any risks to the family.

Changes to Parent’s Responsibilities.
The amendments to the family law act remove the presumption of equal shared parental responsibility. Any allocation of responsibility is now based only on what is in the child's best interests.