ARTICLE · 05 DECEMBER 2017

Restraining order compromise

HHG Legal Group

Explore more from HHG Legal Group

New legislation provides for new types of restraining orders including the FVRO and the Conduct Agreement. .

AustraliaFamily and Matrimonial

Author LinkedIn connections

In July this year a new type of restraining order called a Family Violence Restraining Order (FVRO) was created.

Overall the new FVROs seem easier for applicants to get and harder for respondents to successfully object to. The definition of "family violence" now includes controlling behaviours such as cyber-stalking, denying financial support or autonomy and isolating people from their family and friends. Where a Court is satisfied that any family violence has occurred a FVRO must be granted.

Due to a backlog in all Courts it is taking anything between six to twelve months for a respondent to have an opportunity to put their side of the story and argue for the FVRO to be cancelled.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

When Is A Party Taken To Be Joined To VCAT Proceedings? The Peril Of Delay In Joinder Applications

AustraliaFamily and Matrimonial

The Silent Theft - Fraud And Elder Financial Abuse

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Non-Agency Child Support In Australia: What Counts And How To Claim It

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

Understanding Special Disability Trusts: A Guide For Families

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

When One Child Farms And The Others Do Not

AustraliaFamily and Matrimonial

HHG Legal Group

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Family and Matrimonial
- Family Law
- Divorce

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and MatrimonialHHG Legal Group

How much does a family lawyer make in Australia?

Article dives into the financial aspects of being a family lawyer in Australia.

AustraliaFamily and Matrimonial

Unified Lawyers

When Does A Relationship Become A De Facto Relationship?

Understanding when a relationship becomes legally recognised as de facto in Australia is more complex than many believe. This article examines the legal framework under the Family Law Act 1975, exploring how courts assess relationships of varying durations and what factors truly determine de facto status beyond the commonly misunderstood two-year threshold.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

Father Custody Rights Australia: Can He Take The Child?

When no parenting orders exist in Australia, both parents hold equal legal authority over their child under section 61C of the Family Law Act 1975. However, the 2024 legislative changes have fundamentally...

AustraliaFamily and Matrimonial

Unified Lawyers

Can A Beneficiary Be An Executor Of A Will In Australia?

There's nothing in Australian law that disqualifies a beneficiary from being an executor of a Will.

AustraliaFamily and Matrimonial

Shared care after separation - is 50/50 a right?

Separating parents often ask whether they have a right to equal, week-about care of their children, but Australian family law does not work that way. This article examines when shared care arrangements succeed, how courts now assess applications for equal time following major 2024 reforms, and why no parent can claim a legal entitlement to a 50/50 split.

AustraliaFamily and Matrimonial

Bartier Perry Solicitors

When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

AustraliaFamily and Matrimonial

HHG Legal Group

Constructive Trusts And Property Disputes

Equity is a powerful tool in the hands of a party to a family property dispute. This paper will examine the circumstances in which the courts will find the existence of constructive trusts or other equitable rights, how they will enforce them, and the effectiveness of this route in meeting the client's requirements.

AustraliaFamily and Matrimonial

Exclusive Occupation of Family Home after Separation

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

Featured on - Beanstalk Mums: How to get a divorce if you cannot find your ex

This article from "Beanstalk Mums", discusses the divorce process if you cannot find your ex-spouse.

AustraliaFamily and Matrimonial

Property Settlements In Family Law: How Do Courts Decide What’s Fair?

Navigating property settlement after separation in Victoria involves understanding how courts divide assets, liabilities, and financial resources between former spouses or de facto partners. The process considers financial and non-financial contributions, future needs, and the impact of family violence to reach a just and equitable outcome under the Family Law Act 1975.

AustraliaFamily and Matrimonial

Proposed Ban On Non-Compete Clauses.

The Australian Government has released draft legislation proposing to ban non-compete clauses for workers earning below the Fair Work Act high-income threshold, currently $190,100 per year. The reforms are not yet law and are intended to commence in 2027, subject to legislation passing Parliament.

AustraliaEmployment and HR

HHG Legal Group

Can A Criminal Conviction Affect Your Job, Travel Or Licence

A Spent Conviction Order can limit when a criminal conviction must be disclosed, but it does not erase the conviction. Understanding when disclosure is still required for employment, overseas travel, Working with Children Checks, and professional licensing is crucial for anyone with a spent conviction navigating these complex obligations.

AustraliaCriminal Law

HHG Legal Group

When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

AustraliaFamily and Matrimonial

HHG Legal Group

WA Privacy Laws: What Local Governments Need To Do Now

Western Australian local governments face new obligations under the Privacy and Responsible Information Sharing Act 2024, which introduces Information Privacy Principles and mandatory serious data-breach reporting. How should councils prepare their governance frameworks, policies, and incident-response capabilities to meet these requirements by the July 2026 and January 2027 deadlines?

AustraliaPrivacy

HHG Legal Group

Privacy Reform And Independent Schools.

Australia’s privacy reforms increase the importance of privacy as a governance issue for independent schools. Boards and executive teams should understand what personal and sensitive information their school holds, how it is accessed and shared, and where monitoring technologies, third-party platforms and automated decision-making tools are used.

AustraliaPrivacy

HHG Legal Group

Trust Deed Amendments: Why Careful Variation Matters

Before amending a trust deed, it is important to carefully review the deed to determine whether the proposed amendment is permitted and what requirements must be followed.

AustraliaFamily and Matrimonial

HHG Legal Group

Remission of interest (ATO)

Discusses interest on late payments to the ATO & what your options are for reduction.

HHG Legal Group

Buying Property With Friends Or Family? Why Your Ownership Structure Matters.

Buying property with friends or family can make home ownership more achievable, but it also creates important legal and financial obligations. Before buying, consider whether to own the property as joint tenants or tenants in common, how each person will contribute to costs, what happens if someone wants to sell or can no longer make payments, and how each owner’s interest will be dealt with if they die or want to sell. A co-ownership agreement can document each owner’s rights and responsibilities and establish a process for managing changes or disputes.

AustraliaReal Estate and Construction

HHG Legal Group

Danger for company directors and unions alike?

The Coalition has proposed an increase in penalties payable by directors commensurate with increases for union officials.

AustraliaCorporate/Commercial Law

HHG Legal Group

When Mining Or Exploration Comes To Your Station

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.

AustraliaEnergy and Natural Resources

HHG Legal Group