Expertise
Our expertise
Nicholls Anzani Family Lawyers specialise in the resolution of complex family law matters. We apply our expertise with empathy and understanding, to guide our clients through what is often the most challenging period of their lives. Every family is different, and we pride ourselves on our ability to craft bespoke strategies with a tailored approach, to achieve superior outcomes for our clients.
Our clients appreciate our attention to detail and our commitment to providing proactive, commercial and practical advice. We strive to achieve excellence in everything that we do.
While located in Canberra, our breadth of experience is sought after Australia wide.
Our expertise is our client’s advantage.
Areas of expertise
Below are a list of each of the services we provide.
Click to be taken to each section.
Parenting and children’s arrangements
Navigating the complexities of co-parenting after separation is difficult. We approach parenting and children’s matters with sensitivity and care, laser focused on achieving outcomes that align with the best interests of children.
We work closely with our clients to understand their entire family dynamic. Every family is different, and a tailored approach is essential to achieve optimal outcomes.
Our lawyers have particular expertise in the following areas:
- Custody arrangements for the primary and non-primary parent;
- The allocation of decision-making responsibility between parents;
- Advising on alienation and alignment of children with a parent;
- Family violence and safety issues for children and parents;
- Assisting in the recovery of children, where they have been abducted or taken without consent of the other parent;
- Advising on domestic and international relocation, both for the parent who seeks to leave and the parent who opposes;
- Change of a child’s residence;
- Complex mental health issues;
- International Child Abduction and Hague Convention matters;
- Parentage disputes;
- Children’s views and wishes;
- Parenting orders, in contested in court proceedings or by consent;
- Negotiating Parenting Plans; and
- Assisting grandparents and other people concerned with the care, welfare and development of a child.
Property and financial settlements for married and de facto couples
In family law, separated couples have a duty to end financial relations following separation. This applies to both married and de facto couples. Our team holds superior expertise in negotiating property settlements, and their depth of experience in this area is widely regarded. Discretion and sensitivity are at the core of what we do, and our clients appreciate our careful and strategic approach we apply to financial settlements.
Our lawyers have particular expertise in the following areas:
- Complex corporate and trust structures;
- International businesses and corporate interests overseas;
- High net worth individuals and those with a public profile;
- Valuation issues;
- Hidden assets both domestically and internationally;
- Wastage of assets, and depletion of assets;
- Taxation issues;
- Farming and rural properties, including livestock, crops and water allocation entitlements;
- Superannuation splitting;
- Defined Benefit Superannuation Funds;
- Self-managed Super Funds;
- Third party interests and intervenors in proceedings;
- Bankruptcy and Insolvency; and
- Property orders, in contested court proceedings and by consent.
Contested court proceedings
Every family law matter operates in the shadow of the court, prior to the institution of proceedings. Whether in court or outside of court, our clients appreciate our strategic approach informed by a depth of experience that is focused on achieving superior outcomes.
Our clients appreciate our expertise in litigation, informed by our experience in strategy, case theory development and advocacy. Our team are highly experienced in all aspects of family law litigation, with particular expertise in complex parenting and property proceedings. Our team regularly appear as solicitor-advocate in both divisions of the Federal Circuit and Family Court of Australia and we regularly facilitate in-house training to ensure our team are consistently developing their skills and expertise in this area.
The conduct of litigation is a specialised skill. Our team prioritises excellence in this area and compliance with the Central Practice Direction and the overarching purpose which applies to family law litigation. We hold a deep understanding in the Federal Circuit and Family Court of Australia’s practice and procedure, and it is this knowledge that carves a strong advantage for our clients.
Our skill extends beyond the primary proceedings. We are experts in costs, both prosecuting costs applications and defending them. Further, our team are highly experienced in appeals, both of interim and final decisions in children’s matters, and property and financial matters. Our Partners also hold experience in appeals on conflicts of interest, costs applications and other contentions of law.
Our Partner, Timothy Nicholls, is also an accredited Independent Children’s Lawyer. He is regularly appointed by parties privately, and by the court, to represent the best interests of children in contested parenting proceedings.
Family violence orders
In the Australian Capital Territory, a person who has been subjected to or exposed to family violence is eligible to make an application to the ACT Magistrates Court to obtain a family violence order.
We live in a world where the recognition of family violence and identifying family violence behaviours, particularly coercive control, has never been more forefront of mind. It is a basic human right to exist without being placed in a state of fear.
Our lawyers regularly assist our clients to prepare and file an Application for a Family Violence Order and appear before the ACT Magistrates Court as Solicitor-Advocate on behalf of our clients on that application.
We appreciate that in the ACT, interim Family Violence Orders are made ex-parte, that is, in the absence of the person alleged to have committed family violence. We have expertise in guiding party’s on both sides through the challenges of this court process. Both for the person applying for the Order, and the other party defending the application.
This work is important, and we are fearless in the application of our expertise, to promote and prioritise the safety of adults and children.
Our Partner, Ana Anzani, is a member of the Family Violence and Children’s Committee.
Financial agreements (or ‘pre-nups’)
In Australia, spouses can make decisions about how they will divide their property and assets prior to separation. Colloquially, this is known as a ‘pre-nup’, in legal terms, this is known as a financial agreement. The purpose of this agreement is to provide clarity and certainty for yourself and your partner, in the event you separate. Both de facto and married couples can enter into a financial agreement during the three separate stages of their relationship: prior to cohabitation or marriage, during cohabitation or marriage or following separation or breakdown of the marriage. At each juncture, a careful approach must be applied to the drafting and advising on the agreement to maximise the protection the agreement provides.
International family law
As globalisation increases, so too does our access across the globe. Family law matters with an international element are becoming more common and we are sought after for our experience and superior expertise in this area.
Our team has particular expertise in the following areas:
- International child abduction;
- International assets in property settlements, including valuation issues and adjustment of assets in Australia with property outside the jurisdiction;
- International jurisdictional disputes;
- International family breakdown and relocation;
- Recognition of foreign marriages and divorces;
- Registration and enforcement of foreign orders; and
- Hague Convention matters.
Spousal maintenance
Following separation and where a person is unable to support themselves, they may be eligible to receive spousal maintenance (or ‘alimony’), from their former spouse or de facto partner. Our team are experts in this area and have on numerous occasions acted for both the party asking for maintenance and the party opposing the request for maintenance. This is a complex and delicate area of family law, and there are three separate types of maintenance a person can seek; urgent, interim and final. Spousal maintenance often arises in connection with other family law issues and our team are well placed to assist you to navigate this area successfully.
Injunctions and restraining orders
Injunctions and restraining orders are a common feature of litigation in the Federal Circuit and Family Court of Australia. Typically, there are two types of injunctions. Firstly, to stop someone from doing something (prohibition) and secondly, to compel someone to do something (mandatory). Injunctions can be sought on an interim basis, ex parte basis or final basis.
It is often the case that injunctions are sought urgently on an interim basis to prevent an act or thing taking place, whether for personal protection of a spouse or children, or protection of property.
This work is important not only for the safety of persons, but also for preservation of property pending final agreement or determination of the Court of a property and financial matter.
Our team has particular expertise in this area and can assist you with confidence, speed and precision.
Contravention proceedings
The Federal Circuit and Family Court of Australia expects that all parties will comply with orders of the Court.
Where it is alleged a person has contravened a Court Order, there are opportunities for restitution in contravention proceedings. This applies to both parenting and property Orders made by the Court.
The Court takes the contravention of Orders seriously and in doing so, has developed a National Contravention List to deal with these types of applications. This list is operated by specialist Court staff to ensure a swift resolution to such issues. So quick, the Court will list the first return of a Contravention Application in this specialised list fourteen days after the Court documents are accepted for filing by the Court.
The National Contravention List was established by a practice direction issued by the Court, highlighting key objectives to ensure Court Orders are complied with, difficulties are resolved and to deter non-compliance with Court Orders. The Court is empowered to impose penalties and sanctions were a contravention has been provided and where a party has failed to demonstrate they had a reasonable excuse for contravening the Court Order.
Contravention applications are serious, and our team is highly skilled in this area in both prosecuting and opposing such applications.
Enforcement proceedings
Following the conclusion of proceedings in the Federal Circuit and Family Court of Australia, a situation can arise where a party fails to comply with Court Order to do something, or facilitate something taking place, giving rise to an Application for Enforcement.
Enforcement proceedings are inherently complicated. There are four categories of enforcement orders. Firstly, an order for seizure and sale of property (usually resolved with an Enforcement Warrant), secondly, an order for the attachments of earnings and debts (usually resolved with a Third Party Debt Notice), thirdly, an order for sequestration of property, fourthly, an order appointing a receiver. Additionally, where a party fails to execute a document, it is possible to make an application to the Federal Circuit and Family Court of Australia for a Judicial Registrar to sign the document on the defaulting party’s behalf. So too, the Court also has the power to appoint a party Trustee on behalf of the defaulting party to do acts and things on their behalf.
Our team has deep experience in this area.
De facto relationships
A de facto relationship is defined in the Family Law Act (the legislation which governs what happens when a relationship breaks down). The application of this definition is discretionary, and one factor is not determinative.
Where the de facto couple requires a property and financial settlement, or their children’s ongoing parenting arrangements resolved, we are able to assist.
While it is always our preference for a matter to be resolved outside of Court, it is important for de facto couples to know that were dispute arises following the breakdown of their relationship, a party to the relationship is eligible to apply to the Federal Circuit and Family Court of Australia to have their property and financial settlement determined by the Court. So too, de facto couples are eligible to apply to the Court to have the parenting arrangements for their children resolved by the Court.
The date of separation is also important for de facto couples. A limitation period exists whereby a de facto couple have two years from the date of separation to resolve their property and financial settlement.
Same-sex family law matters
Following the recognition of same-sex marriage in Australia in 2017, it became possible for same-sex couples to approach the Federal Circuit and Family Court of Australia for a divorce, whether they were married in Australia or elsewhere.
Same-sex couples are dealt with under the Family Law Act in the same way as heterosexual couples. Whether resolving a property and financial settlement, or arrangements for children, the same principles apply.
Our difference arises on our understanding of the complexities of same-sex relationships. Our approach is entrenched with sensitivity, perspicacity, and discretion, to guide our clients through this complex process.
Divorce and separation
A divorce is the legal and official recognition of the end of a marriage. While a divorce is separate from other family law matters, there are often complexities that arise in the resolution of a divorce application, particularly in relation to the date of separation.
Parties are eligible to approach the Federal Circuit and Family Court of Australia with an Application for Divorce, whether solely or jointly, following twelve months of separation. Sometimes, parties remain separated under one roof during this period and the Court will require further information to progress the application. So too, where there are children of the marriage, the Court will require more information.
In most cases, a divorce is relatively straight forward and is capable of a time and cost-effective resolution. Where complexity arises, our team are ready and willing to assist.
Our team are highly qualified and experienced in this area and ready to assist you.
Child support
Child support in Australia is inherently complex. The jurisprudence in this area is still developing and a careful, diligent approach must be applied to ensure success and positive outcomes.
Our team regularly assist and advise our clients in this area. Both outside of Court in dealing with the Child Support Agency (Services Australia), contested applications in the Federal Circuit and Family Court of Australia and negotiating agreements (for example a Binding Child Support Agreement of Limited Child Support Agreement) where the parties agree to depart from a child support assessment, or seek to clarify how they will share the expenses of their children (for example health insurance, out of pocket medical fees, extra-curricular activities and schooling expenses).
Navigating this complex area requires experience and a depth of expertise, offered by Nicholls Anzani Family Lawyers. We are best placed to advise you on your rights in the various options available to you where child support becomes an issue.
Alternative dispute resolution
Whether before the Court, or negotiating a matter outside of the Court, there is a positive obligation on parties to look for opportunities to resolve a matter. Following the establishment of the Federal Circuit and Family Court of Australia in 2021, a significant emphasis has been placed on the importance of utilising alternative dispute resolution in family law matters.
Our team regularly attend mediation and family dispute resolution conferences. These milestones are important in a case; both as an opportunity to resolve a case, but also of forensic importance in the implementation of case strategy and development where the case is unable to be resolved. We also regularly attend Conciliation Conferences and court-based mediation, to assist our clients through the litigation pathway set out in the Central Practice Direction.
We also hold expertise in arbitration, as an alternative dispute resolution tool to resolve a family law matter.
