Resources & Latest News
Latest News
28 Nov 2024 - News
26 Nov 2024 - News
Seeking Experienced Family Lawyer 5yrs+ PAE
We are seeking an experienced family lawyer to join our team! Hybrid role in the heart of Melbourne CBD law precinct. Award winning firm! Please submit applications by 9 December 2024.
06 Nov 2024 - News
Congratulations Beatrice Carro
Congratulations Bea on your admission to practice in Victoria!
31 Jul 2024 - News
26 Jun 2024 - News
Appointment to Senior Associate – Cara Nottle
We are pleased to announce Cara Nottle's appointment to Senior Associate from 1 July 2024.
02 May 2024 - News
Recognized by Best Lawyers 2025
We are pleased to announce the lawyers from Taussig Cherrie Fildes who were included in the 17th edition of The Best Lawyers in Australia for their work in family law.
18 Dec 2023 - News
Christmas Musings 2023
I cannot quite believe that it is already that time of year where I take a moment to look back and reflect on the year and put forward my annual Christmas Musings! By Paul Fildes, Principal
15 Dec 2023 - News
Christmas office closure 2023/2024
Wishing you a happy and safe festive season. Our office will be closed from 5.00pm on 21 December 2023 until 8.30am 8 January 2024.
13 Nov 2023 - News
TCF Accredited Specialists 2023
Congratulations to Carly Boekee and Natalie Barry on becoming LIV Accredited Family Law Specialists and their appointment to Special Counsel.
26 Sep 2023 - News
Janelle Wilson – Appointment to Senior Associate
Congratulations to Janelle Wilson on her appointment to Senior Associate!
21 Sep 2023 - News
Law Clerk Graduation 2023
Congratulations to our law clerks Lana Silber and Madeline Aulia on your graduation!
15 Jun 2023 - News
CFLA Careers Fair May 2023
Alexandra Fildes and Beatrice Carro recently attended the CFLA careers fair as part of our sponsorship with the Criminal & Family Law Association.
15 Jun 2023 - News
Thank you Jenny – 30 years!
TCF is proud to congratulate Jenny Williams who recently reached her 30th anniversary of working with Debra Cherrie as her paralegal/personal assistant.
02 May 2023 - News
Recognized by Best Lawyers 2024
We are pleased to announce the lawyers from Taussig Cherrie Fildes who were included in the 16th edition of The Best Lawyers in Australia for their work in family law.
16 Feb 2023 - News
Taussig Cherrie Fildes Principles of Equity Law Prize 2022
We were thrilled to have Lily Polak, winner of the The Monash University Taussig Cherrie Fildes Principles of Equity Law Prize 2022, join us for a clerkship last week.
02 Feb 2023 - News
Welcome to the TCF team!
We are pleased to have recently welcomed Janelle Wilson and Matthew Beckmans to the TCF team.
23 Dec 2022 - News
Christmas Musings 2022
Well, 2022 certainly created plenty of challenges for everyone. Family lawyers returned to work recharged in January enjoying brilliant Melbourne weather and time for relaxation after "the Covid experience" and lockdowns in 2021. By Paul Fildes, Principal
16 Dec 2022 - News
Congratulations Amanda on your appointment as Judge!
We are enormously proud of the appointment of Amanda Humphreys as a Judge in Division 2 of the Federal Circuit and Family Court of Australia sitting in the Melbourne Registry.
16 Dec 2022 - News
Doyles Guide 2023
We are proud to announce that our team has again been acknowledged by Doyles Guide as First Tier in the category of Leading Family & Divorce Law Firms – Melbourne 2023, for the seventh consecutive year.
14 Dec 2022 - News
Christmas office closure 2022/2023
Wishing you a happy and safe festive season. Our office will be closed from 5.00pm on 23 December 2022 until 8.30am 9 January 2022.
02 Nov 2022 - News
Appointment to Senior Associate
Congratulations to Natalie Barry on her appointment to Senior Associate.
18 Aug 2022 - News
Award Presentation – Amy Toomey
The Principals and staff congratulate Associate Amy Toomey who was presented with the Michael Taussig QC Essay Award by the Honourable Garry Watts at the Family Law Section National Conference on 17 August 2022. We are very proud of her achievement!
01 Jun 2022 - News
Sometimes things happen that can make you smile…
Family Law can be a difficult, even harrowing, area in which to practise, but sometimes things happen that can make you smile.
27 Apr 2022 - News
Admission to the Supreme Court of Victoria
Congratulations to Armand Mengolian on his admission as an Australian Lawyer and Officer of the Supreme Court of Victoria.
21 Apr 2022 - News
Best Lawyers in Australia – 15th Edition
Four lawyers from Taussig Cherrie Fildes were included in the 15th Edition of The Best Lawyers in Australia for their work in Family Law.
23 Dec 2021 - News
Christmas Musings 2021
"As a lawyer who has been practising in the family law jurisdiction for over 40 years, it occurs to me that the more things change the more they stay the same!" by Paul Fildes, Principal
30 Nov 2021 - News
Christmas office closure 2021/2022
Wishing you a happy and safe festive season. Our office will be closed from 24 December 2021 until 10 January 2022.
29 Nov 2021 - News
Doyles Guide 2022 – First Tier Leading Family Law Firm
We are delighted to announce that our team has once again been recognised by Doyles Guide as First Tier in the category of Leading Family & Divorce Law Firms - Melbourne, 2022 for the sixth consecutive year.
19 Nov 2021 - News
Appointment to Special Counsel
Congratulations to Elisa Carayannis on her appointment to Special Counsel.
23 Sep 2021 - News
“15 Australian Law Firms to Watch”
The Principals and team are pleased to be identified as one of “15 Australian Law Firms to Watch” in an article by The Australian Business Journal published on 20 September 2021.
30 Aug 2021 - News
Family Law Section Michael Taussig QC Family Law Essay Awards
Congratulations to Associate, Amy Toomey, who is the junior winner of the Family Law Section Michael Taussig QC Family Law Essay Awards.
03 Aug 2021 - News
Media Release by Federal Circuit Court of Australia
The new Federal Circuit and Family Court of Australia will officially commence operations on 1 September 2021 following the passing of legislation to amalgamate the Federal Circuit Court of Australia and the Family Court of Australia.
01 Jul 2021 - News
Taussig Cherrie Fildes New Brand & Visual Identity
We are excited to unveil the firm’s new brand and visual identity, including our new logo and website. After careful consideration, we have selected a striking new logo and modern colourways, while maintaining a connection to the firm’s pedigree and history, and the relationships we have built and the successes we have enjoyed over many […]
18 Jun 2021 - News
World Congress on Family Law and Children’s Rights virtual conference (12–16 July 2021)
Amanda Humphreys, Special Counsel and fellow of the IAFL: International Academy of Family Lawyers will join an outstanding programme of presenters at the World Congress on Family Law and Children’s Rights virtual conference (12–16 July 2021), discussing recent family law cases from Australia utilising the 1996 Hague Child Protection Convention. Registrations are now open: https://wcflcr2020.com/
26 Oct 2020 - News
TCF runs successful case in the High Court of Australia – Hsiao v Fazarri [2020] HCA 35
The High Court recently handed down its decision in Hsiao v Fazarri [2020] HCA 35. TCF represented the successful respondent, Mr Fazarri.
01 Jul 2020 - News
Senior Associate appointment
Congratulations to Carly Boekee on her appointment to senior associate!
30 Jun 2020 - News
Principal appointments
Congratulations to Antony Kahn, Kristy Fuge & Kylie Sanders on their appointment as principals!
30 Mar 2020 - News
Progressing family law matters through the coronavirus COVID-19 pandemic
This is a challenging time for all of us around the world, but particularly for separated families already under stress.
23 Mar 2020 - News
COVID-19 Information
We are operating at full capacity during the current COVID-19 pandemic but are taking measures to limit the chance of exposure for both staff and clients.
13 Jun 2018 - News
Australian Law Reform Commission’s review of the Family Law System
Kylie Sanders and Kristy Fuge co-authored and presented a paper at the Legalwise Family Law Conference in 2018 addressing third party rights under the Family Law Act 1975. Titled “Section 90AE – The Impossibly Elusive Dream”, the paper was recommended to Commissioner Professor Helen Rhoades for the Australian Law Reform Commission’s Review of the Family Law System, and requested for the purpose of their research.
06 Mar 2018 - News
TCF Runs Successful Stanford Argument – Husband not entitled to a share of wife’s property
A financially independent marriage and sixteen year separation have seen an ambitious husband knocked back from receiving any of his ex-wife’s property. The wife, a specialist medical practitioner, was represented by Taussig Cherrie Fildes in the litigation.
Case Law
19 Nov 2024 - Case Law
Revisiting Final Parenting Orders in the New Legislative Landscape
Significant changes to the parenting provisions of the Family Law Act 1975 (Cth) (Act) were introduced by the Family Law Amendment Act 2023 (Cth) (Amendment Act). These changes took effect from 6 May 2024.
27 Jun 2024 - Case Law
Farrah & Cisek [2024] FedCFamC1A 38
Mr Farrar appealed the decision of the primary judge to divide all of the available property between his two previous de facto partners, effectively leaving him with nothing. The Full Court of the Federal Circuit and Family Court of Australia, constituted by Tree, Baumann and Williams JJ, dismissed Mr Farrar’s appeal and upheld the orders of the primary judge.
20 May 2024 - Case Law
Kai & Min [2024] FedCFamC1A 6
The appellant wife successfully appealed the order made by the primary judge that she own and occupy property in Australia as a condition precedent to international travel with the child who was the subject of the proceeding. Christie J, sitting as the appeal court, held that the primary judge did not have the power to make the order in circumstances where was no logical connection between the order and the care, welfare or development of the child.
13 Feb 2024 - Case Law
Qin & Donato [2023] FedCFamC1A 223
The applicant de facto wife successfully appealed the decision of the primary judge to uphold the decision of the senior registrar to refuse her application for maintenance. The appeal court, constituted by Aldrige J, held that the primary judge had erred in finding that the de facto wife could adequately support herself in circumstances where she had reduced her expenses to make ends meet in the absence of provision of financial support by the de facto husband.
24 Mar 2022 - Case Law
Collardeau-Fuchs v Fuchs [2020] EWFC [England & Wales]
Collardeau-Fuchs v Fuchs - The uphill battle to have a foreign prenuptial agreement upheld in the UK.
01 Mar 2022 - Case Law
An intolerable situation? Department of Communities and Justice & Bamfield [2021] FedCFamC1F 263
Hague Child Abduction Convention: Australian court does not accept that the return of an Australian First Nations child to Belgium would place the child in an intolerable situation, notwithstanding her Aboriginality would not be taken into account by the courts in Belgium in the same way as it would in Australia.
01 Mar 2022 - Case Law
No place of habitual residence? Department of Communities and Justice & Bamfield [2021] FedCFamC1F 263
Hague Child Abduction Convention: Australian court declines to find that an infant child did not have a place of habitual residence notwithstanding ambiguity in the intentions of her parents.
18 Jan 2022 - Case Law
Defrey & Radnor (No. 2) [2021] FamCAFC 139
Full Court declines to vary final parenting orders where no relevant change of circumstance established by the father. The same standard applies irrespective of whether the variation sought to the orders is of a major or minor nature.
28 Sep 2021 - Case Law
Commissioner of Police for State Central Authority of South Australia & Garnett [2021] FamCA 86
Court declines to order the return of the child to the UK after finding that the father consented to the child’s removal.
21 Sep 2021 - Case Law
Roverati & Roverati [2021] FamCAFC 89
The Full Court considers the weight to be given to the parties’ respective inheritances in assessing contributions, including how each inheritance was applied. The Full Court sets aside property orders due to the failure of the primary judge to give adequate reasons.
14 Sep 2021 - Case Law
Delrio & Jindra (No. 2) [2020] FCCA 2234
Claim for property adjustment brought on behalf of deceased husband in relation to property covered by a financial agreement and property not covered by the agreement
07 Sep 2021 - Case Law
Covington & Covington [2021] FamCAFC 52
The Court has the power to order that children be vaccinated, irrespective of parental consent. Note: Updated on 14 September 2021
30 Aug 2021 - Case Law
Denham & Newsham [2021] FamCAFC 141
International border restrictions and COVID-19 response results in successful relocation case being remitted for rehearing.
18 Jun 2021 - Case Law
Lynch & Hagen (No 2) [2020] FamCA 727
Request for jurisdiction - Family Court of Australia better placed than Norway Court to determine the best interests of an Australian Aboriginal child.
09 Jun 2021 - Case Law
Beroni & Corelli [2021] FamCAFC 9
Full Court upholds trial judge's decision to set aside financial agreement on the basis of undue influence and unconscionability
06 Apr 2021 - Case Law
Pandell v Walburg (No 2) [2020] FCCA 1853
Reasonable excuse to noncompliance of final parenting orders during COVID-19 pandemic
23 Mar 2021 - Case Law
Scriven & Scriven [2020] FamCAFC 236
Court's failure to assess contributions and considerations relating to superannuation
05 Mar 2021 - Case Law
Clayton & Bant [2020] HCA 44
Can a property or maintenance case be heard in Australia when there has been a proceeding overseas?
24 Nov 2020 - Case Law
20 Jul 2020 - Case Law
Baskin & Baskin [2020] FamCA 401
The wife sought that she be substituted as a party for her late husband and that her Amended Initiating Application be dismissed.
20 Jun 2020 - Case Law
Bant & Clayton (No. 2) [2019] FamCAFC 200
No order appropriate by an Australian court where financial litigation already dealt with by a foreign court
29 Apr 2020 - Case Law
Naparus & Frankham [2020] FamCAFC 32
Procedural fairness where the parties’ mental health is in issue
03 Feb 2020 - Case Law
Handbury & State Central Authority and Anor [2020] FamCAFC 5
Repudiatory retention in international child abduction cases
23 Sep 2019 - Case Law
Bondelmonte v Bondelmonte [2017] HCA 8
Homeward Bound: Court orders children to return to Australia from New York; children’s views were only one factor to be considered
23 Sep 2019 - Case Law
Masson v Parsons [2019] HCA 21
When can a sperm donor be considered the legal parent of a child?
17 Sep 2019 - Case Law
11 Jun 2019 - Case Law
Ellison v Sandini Pty Ltd [2018] FCAFC 44
No CGT roll-over relief available for transfers to a discretionary trust
11 Jun 2019 - Case Law
26 Nov 2018 - Case Law
Parental responsibility and the rule in Rice & Asplund
The Full Court of the Family Court held in Rice & Asplund (1979) FLC 90-725 that unless a party can establish a significant change in circumstances since an earlier parenting order was made, the matter should not be reopened.
15 Nov 2018 - Case Law
Searson & Searson [2017] FamCAFC 119
The seminal case of Rice & Asplund established the rule that the court will only revisit final parenting orders where there has been a significant change in circumstances. In Searson & Searson, the Full Court considered and applied this rule in the context of a mother who wished to relocate with the children to live interstate with her new partner.
15 Nov 2018 - Case Law
03 Jul 2018 - Case Law
Kelvin [2017] FamCAFC 258
A landmark decision for children seeking medical treatment for Gender Dysphoria
03 Jul 2018 - Case Law
Department of Family and Community Services & Magoulas [2018] FamCA102
Return of children from Ukraine & Hague Convention
Publications
20 May 2020 - Publications
Drafting Binding Financial Agreements and COVID-19
Event: Legalwise Webinar: Drafting Binding Financial Agreements and COVID-19
Author: Paul Fildes (assisted by Carly Boekee & Natalie Barry)
Date: 20 May 2020
13 Sep 2019 - Publications
Understanding the elements of a Binding Financial Agreement: Steps to precision drafting
Event: Legalwise: Family Law Drafting Intensive
Author: Paul Fildes (assisted by Carly Boekee & Natalie Barry)
Date: 13 September 2019
31 May 2019 - Publications
Adjusting for Future Needs in Property Settlements: Time to Take out the Crystal Ball?
Event: TV ED Family Law Conference 2018, Gold Coast
Authors: Paul Fildes & Alexandra Fildes
Date: 2 August 2018
31 May 2019 - Publications
Separations Family and Accounting – Tax Effective Settlements
Event: Legalwise Annual Tax Strategies Conference
Authors: Paul Fildes (assisted by Carolyn Cheng, Chiara Bryan & Carly Boekee)
Date: 31 May 2019
30 Aug 2018 - Publications
Family law fundamentals & intersections with commercial law (by Paul, Antony & Carolyn)
Event: Presentation at K&L Gates Lawyers
Authors: Paul Fildes, Carolyn Cheng & Antony Kahn
Date: 30 August 2018
02 Aug 2018 - Publications
The Corporations Act & Family Law
Event: Presentation at K&L Gates Lawyers
Authors: Paul Fildes, Carolyn Cheng & Antony Kahn
Date: 30 August 2018
09 Nov 2017 - Publications
Binding Financial Agreements in Blended Families
Event: The Fourth Annual Blended Families Symposium
Authors: Paul Fildes (assisted by Alice Carter)
Date: 9 & 10 November 2017
04 May 2017 - Publications
Family Law – Fundamentals and intersections with commercial law (by Debra)
Event: Arnold Bloch Leibler presentation
Authors: Debra Cherrie & Johannes Schmidt
Date: 4 May 2017
10 Mar 2017 - Publications
Affidavits in Family Law
Event: 2nd Annual Family Law Conference Melbourne
Author: Paul Fildes (assisted by Alice Carter)
Date: 10 March 2017
17 Feb 2017 - Publications
Family Violence & Cyberstalking
Event: 2nd Annual Family Law Conference Melbourne
Author: Paul Fildes (assisted by Alice Carter)
Date: 10 March 2017
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