This Week in Family Law

Ep 17: Lies, retainers and when to walk

In this episode of This Week in Family Law, we cover the latest updates in Australian family law, including a farewell to the Honourable Justice Aldridge, a new AI practice note from the Supreme Court of Victoria, a landmark Canadian decision recognising a new tort of intimate partner violence, and the Court's new robing policy.  For Ethics with Elena, we dive into what to do when your client isn't telling the truth, including real examples from practice, the ethical obligations around terminating a retainer, and the rules you need to know before you walk away. Chapters: 0:00 - Introduction 1:20 - What's Up? - Updates in Family Law for this week 6:15 - Ethics with Elena - When Your Client is Lying to You Disclaimer: This podcast is intended for general information and discussion purposes only. It does not constitute legal advice, and should not be relied on as such. The views expressed are general in nature and may not apply to your specific circumstances. You should seek independent legal advice before acting on any information discussed. About the podcast: This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday. Topics covered in this episode: - Reflecting on the success and growth of the podcast as Season One wraps up - Farewell to Justice Aldridge after more than a decade on the Family Court bench - Victoria’s new AI practice note and what it means for legal practitioners - Whether other Australian courts will follow Victoria’s lead on AI guidance - Canada’s landmark recognition of a new tort for intimate partner violence - The new robing policy for barristers and solicitor advocates in court appearances - Why clients sometimes lie or withhold information from their lawyers - Real practitioner stories involving fabricated evidence, hidden assets, and deceptive conduct - When lawyers are ethically required to stop acting for dishonest clients - Key professional obligations under the Australian Solicitors’ Conduct Rules Links: Ceremonial sitting to farewell The Honourable Justice Aldridge https://www.familylawsection.org.au/events/14-other-family-law-events-aiflam/2179-ceremonial-sitting-justice-aldridge.html New Practice Note and Judicial Guidelines on the use of artificial intelligence | The Supreme Court of Victoria https://www.supremecourt.vic.gov.au/news/new-practice-note-and-judicial-guidelines-on-the-use-of-artificial-intelligence Landmark Supreme Court of Canada decision creates new tort of intimate partner violence | Canadian Lawyer https://www.canadianlawyermag.com/news/general/landmark-supreme-court-of-canada-decision-creates-new-tort-of-intimate-partner-violence/394112 Barber & Chalke [2024] FedCFamC1F 356 (22 May 2024) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1F/2024/356.html?context=1;query=Barber%2520&%2520Chalke;mask_path= Robing policy | Federal Circuit and Family Court of Australia https://www.fcfcoa.gov.au/policies-and-procedures/robing-policySonnet 4.6 Submit a question or provide feedback: Email: familylawpodcast@leap.com.au YouTube: https://www.youtube.com/@LEAPAu TikTok: https://www.tiktok.com/@leap.family.law1  Instagram: https://www.instagram.com/leapfamilylaw/

Bonus: Federal budget & cuts to Legal Aid NSW

In this bonus episode of This Week in Family Law, we discuss the 2026 federal budget and the cuts to Legal Aid NSW, including what they mean for vulnerable Australians navigating the family law system. From 1 July 2026, Legal Aid NSW will significantly tighten eligibility for family law representation, leaving many people with disabilities, older Australians, and those from culturally and linguistically diverse backgrounds without legal help. We also explore the impact of Independent Children’s Lawyers no longer appearing in final hearings in some instances, and whether technology and AI could play a role in helping lawyers support more people and bridge the access to justice gap. About the podcast: This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday. Submit a question or provide feedback: Email: familylawpodcast@leap.com.au YouTube: https://www.youtube.com/@LEAPAu TikTok: https://www.tiktok.com/@leap.family.law1  Instagram: https://www.instagram.com/leapfamilylaw/

Ep 16: The surrogacy surge: Local laws, global babies

In this episode, we cover the Federal Circuit and Family Court's new pilot of electronic divorce hearings by video, the Court's AI Transparency Statement, the Law Council of Australia's warning that children's voices are at risk as the family law safety net frays, and a Treasury consultation on preventing perpetrators from accessing victims' superannuation death benefits. In Law in Motion, we explore the rise of celebrity surrogacy, the clash between Australian and international surrogacy laws, and the leading cases shaping the legal landscape. Chapters: 0:00 - Introduction  1:06  What's Up? - Updates in Family Law for this week  6:05 - Law in Motion - The Rise of Surrogacy Disclaimer: This podcast is intended for general information and discussion purposes only. It does not constitute legal advice, and should not be relied on as such. The views expressed are general in nature and may not apply to your specific circumstances. You should seek independent legal advice before acting on any information discussed. About the podcast: This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday. Topics covered in this episode: - Electronic divorce hearings moving to video in select registries - Court releases AI Transparency Statement - ICL funding crisis and Legal Aid NSW cuts from 1 July 2026 - The rise of celebrity surrogacy and key drivers of growth - Global surrogacy laws compared: US, UK, Canada, India and Thailand - Baby Gammy case and its impact on Thai surrogacy law - Australia's fragmented state-by-state surrogacy framework - Parentage orders and the challenges of overseas surrogacy in Australia - Australian Law Reform Commission's proposed surrogacy reforms Links: Practice and procedure update: Pilot of electronic divorce hearings by video https://www.fcfcoa.gov.au/news-and-media-centre/updates-profession/divorce-pilot AI Transparency Statement                                                     https://www.fcfcoa.gov.au/ai-transparency-statement Children's voices at risk as family law safety net frays https://lawcouncil.au/media/media-releases/children-s-voices-at-risk-as-family-law-safety-net-frays Preventing perpetrators from accessing victims' super death benefits https://consult.treasury.gov.au/c2026-747658 A Budget for fairness that left justice behind  https://lawcouncil.au/media/media-releases/a-budget-for-fairness-that-left-justice-behind Submit a question or provide feedback: Email: familylawpodcast@leap.com.au YouTube: https://www.youtube.com/@LEAPAu TikTok: https://www.tiktok.com/@leap.family.law1  Instagram: https://www.instagram.com/leapfamilylaw/

Ep 15: Defending the accused: Financial control in family law

In this episode, we cover the Senate inquiry into domestic, family and sexual violence and suicide, the Children's Online Privacy Code consultation, and perfectionism in the legal profession. In Law in Motion, we explore financial control and economic abuse as family violence, what it looks like in practice, and best practice tips for acting for the alleged perpetrator. In Case Note Corner, we discuss the 2025 case of Malunus & Malunus (No. 6). Chapters: 0:00 - Introduction  0:58  What's Up? - Updates in Family Law for this week  6:20 - Law in Motion - Financial control as family violence  19:07 - Case Note Corner - Malunus & Malunus (No. 6) [2025] Disclaimer: This podcast is intended for general information and discussion purposes only. It does not constitute legal advice, and should not be relied on as such. The views expressed are general in nature and may not apply to your specific circumstances. You should seek independent legal advice before acting on any information discussed. About the podcast: This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday. Topics covered in this episode: - Domestic violence and suicide inquire  - Children's Online Privacy Code  - Perfectionism in the legal profession  - Financial control and economic abuse as family violence  - Four typologies of perpetrators of family violence - Best practice tips for acting for the alleged perpetrator - When to stop acting for a client - Malunus & Malunus (No. 6) [2025] case analysis  Links: Perfection is the enemy of progress https://www.lawyersweekly.com.au/sme-law/44219-perfection-is-the-enemy-of-progress FAMILY LAW ACT 1975 - SECT 4 https://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4.html#abuse The evolving role of AI in legal judgment https://www.tandfonline.com/doi/full/10.1080/17579961.2026.2633688 Better than a bot – instilling ethical judgement into the lawyers of the future in the age of AI https://www.tandfonline.com/doi/full/10.1080/10383441.2025.2493493#abstract Children's Online Privacy Code https://www.oaic.gov.au/privacy/privacy-registers/privacy-codes/childrens-online-privacy-code  Mounis & Melounis (No 6) [2025] FedCFamC1F 938 Carter & Wilson [2023] FedCFamC1A 9 Submit a question or provide feedback: Email: familylawpodcast@leap.com.au YouTube: https://www.youtube.com/@LEAPAu TikTok: https://www.tiktok.com/@leap.family.law1  Instagram: https://www.instagram.com/leapfamilylaw/

Ep 14: The dangers of AI to young lawyers

In this episode of This Week in Family Law, we discuss the demonstration hosted by US-based AI company Anthropic for its new legal plugin, which attracted 20,000 registrations from lawyers, as well as a controversial new celebrity endorsement for legal AI. In Law in Motion, we explore how AI is reshaping how junior lawyers develop professional judgment and discuss some practical actions both junior lawyers and more experienced lawyers can take to ensure they don't get left behind. Chapters: 0:00 - Introduction 0:52 - What's Up? - Updates in Family Law for this week 5:33 - Law in Motion - The dangers of AI to young lawyers Disclaimer: This podcast is intended for general information and discussion purposes only. It does not constitute legal advice, and should not be relied on as such. The views expressed are general in nature and may not apply to your specific circumstances. You should seek independent legal advice before acting on any information discussed. About the podcast: This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday. Topics covered in this episode: - Family law industry updates - Legal conference news (Hobart event) - AI adoption in the legal profession - Lawyers’ growing interest in AI tools - Legal AI marketing and celebrity endorsements - AI risks for junior lawyers - Impact of AI on legal skill development - LexisNexis AI research insights - Importance of legal judgment and experience - Mentorship and training in law firms Links: Registrations to the 21st National Family Law Conference in Hobart  https://www.familylaw2026.com.au/ 20,000 lawyers register for Anthropic demonstration of new legal plugin https://www.floridabar.org/the-florida-bar-news/large-turnout-for-anthropic-demo-reflects-growing-interest-in-legal-ai/ Jude Law Legora advertisement https://www.legalcheek.com/2026/04/legal-ai-giant-hires-jude-law/ Reece Witherspoon's Instagram video on AI https://www.instagram.com/reel/DXKphAtkbgW/?utm_source=ig_embed&ig_rid=6e96fc9e-2e6a-4d3b-98eb-623c006c6850 AI Research Articles https://frostleadership.com.au/wp-content/uploads/2026/04/a-lawyers-capability-Toolkit.pdf https://hbr.org/2026/02/how-do-workers-develop-good-judgment-in-the-ai-era https://www.lexisnexis.com/community/pressroom/b/news/posts/ai-is-speeding-up-junior-lawyers-work-but-raising-questions-about-how-judgment-is-learned https://www.lexisnexis.co.uk/insights/the-mentorship-gap/index.html https://www.tandfonline.com/doi/full/10.1080/10383441.2025.2493493#abstract https://www.tandfonline.com/doi/full/10.1080/17579961.2026.2633688 Submit a question or provide feedback: Email: familylawpodcast@leap.com.au YouTube: https://www.youtube.com/@LEAPAu TikTok: https://www.tiktok.com/@leap.family.law1  Instagram: https://www.instagram.com/leapfamilylaw/