What Happened

The Trial

Key Evidence & Contentions

Verdict & Sentence

Legal & Public Interest Issues

The processes of separation and divorce can often be touch emotionally, with  nowadays a lot of our lives being documented online. From Instagram stories and Facebook status updates to TikTok videos and direct messages, what you upload onto the internet has the potential to be admissible in court.

In Australia, the Family Law Act 1975 (Cth) obliges courts to take into account all the available evidence when making a decision regarding property settlement, parenting and spousal maintenance. That goes for social media post as well.

 

So Can Social Media be Evidence?

Yes. Courts throughout Australia have received and accepted social media posts, photos, and messages as evidence in family law proceedings. Examples include:

Even things you believe or perceive as “private” may be screenshotted, subpoenaed, or posted if they are relevant to the case.

 

Common Issues that are Raised Online

 

Practical Tips

 

Conclusion

Australian Family Law has the ability to take into account social media in proceedings. This could be a challenging ordeal for many. So if you have any legal enquiries on this topic don’t be afraid to contact us.

Within the evolving 21st century, technology infiltrates human lives. From aiding in basic necessities such as reminders to help bridging the justice gap, technology is often perceived as helpful and revolutionary in improving processes.

However, a darker aspect that is often overlooked is the capacity for technology to facilitate abuse and violence. Coercive control has become more common place as a result of various technological advancements, such as deepfakes and hacking.

But what does coercive control look like? And why is our justice system failing to grapple and manage the implications and consequences of it on victims?

What does tech-based coercive control look like?

Coercive control is understood as patterns of abusive behavior which focus on the deprivation of a person’s independence and autonomy. Often, this dynamic is observed under family and domestic violence situations, where a dominating presence restricts and monitors another person’s actions meticulously.

However, unlike physical coercive control, technology facilitated coercive control is more subtle and targeted- to the extent in which the victim may not realise that they are coerced or controlled. Some signs of tech-facilitated coercive control include:

With the advent and widespread use of social media, technology-based coercive control has shifted subtly in how it looks. Some other signs of tech-facilitated coercive control include:

Changes to the Privacy Act 1988 introduced a statutory tort for serious privacy invasions as of 10 June 2025- in which the misuse of information such as fake social media posts and images may be addressed in courts. This change may provide an avenue for victims to pursue justice for technology-facilitated coercive control. However, there is a gap in the justice system addressing these issues.

 

Issue with the justice system in handling tech-based coercive control.

A report by the Australian Institute of Criminology in October 2024 reported significant barriers in accessing the justice system. Key barriers that were identified:

These barriers often limit victims in recognising and accessing help- thus placing psychological distress upon them, requiring long-term recovery that is currently not provided by the justice system. This often creates more complex issues as illustrated by the report, where physical and financial abuse become commonplace in such situations. As a result, there is a call for greater support and awareness in the elements of technology-based coercive control.

What can you do?

If you think you or someone you know might be experiencing technology-based coercive control, here are steps to take:

 

Australia wide free 24/7, confidential and private counselling service specifically for children and young people aged 5 to 25 years.

 

 

Remember – in an emergency, always call 000 for urgent help.

 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

Introduction

Over the past decade, the world and in particular Australians have turned to digital investments such as cryptocurrencies and non-fungible tokens (NFT). While these investments can be lucrative to individuals, they raise new and complex issues when relationships break down. Australian family law requires all assets which includes digital assets to be disclosed and considered during a property settlement.

Under the Family Law Act 1975 (Cth), the Court assesses the total asset pool of the parties. This includes traditional property such as homes or cars as well as emerging classes of digital property.

What are Digital Assets?

Digital assets are:

Challenges in Valuing Digital Assets

Although treated the same as other assets they present unique difficulties such as:

  1. Volatility – The value of Bitcoin can fluctuate dramatically within days and as a result courts require expert evidence or a valuate at a specific point in time.
  2. Proof of Ownership – Digital assets tend to be stored in digital wallets and a lot of these are concealed which tend to raise complexities and issues in terms of non-disclosure or asset hiding.
  3. Tracing Transactions – Digital assets have the unique ability to be transferred to other accounts very quickly, in some cases, instantly. This could make it hard to track such assets.

Consequences of non-disclosure

Any individual who fails to disclose any digital assets risks significant penalties. In extreme cases, hiding digital assets can even amount to criminal conduct, such as fraud or contempt of court.

What Should Parties Do?

For those going through a separation or divorce, there are a few considerations such as:

Conclusion

In Australia, Cryptocurrencies and NFTs are considered property under Australian Family Law. They must be disclosed, valued and divided within a property settlement just like traditional assets.

Cryptocurrencies are becoming increasingly popular and utilised all over the world and especially in Australia. It has become something that can be purchased or transacted in a click of a button and in just a few seconds. With large amounts of businesses and individuals becoming involved in this space it is ever important for everyone to know and understand the legal obligations of using cryptocurrencies. In Australia cryptocurrencies are not recognised as legal tender but rather a form of property or investment asset.  Hence, they are subject to Capital Gains Tax when sold or exchanged, just like taxes paid when a share is bought or sold.

Regulatory Frameworks

  1. ASIC
    ASIC has a large influence in regulating and enforcing cryptocurrency legislation. They mainly attend businesses that provide cryptocurrency services, specifically in relation to businesses that facilitate crypto transactions and have ICO’s or initial coin offerings.
  2. Australian Transaction Reports and Analysis Centre (AUSTRAC)

AUSTRAC is more focused on any criminal activity that is conducted though the use of cryptocurrencies. It enforces legislation in regard to issues such as Anti-Money laundering and Counter-Terrorism Financing laws.

Cryptocurrency Mining Laws

Aside from transacting cryptocurrencies, crypto mining has also become prevalent within society and so has more legal questions in relation to this. It is legal to mine crypto in Australia, however miners must recognise and be aware of tax, electricity and environmental legislation.

Future for Cryptocurrency Regulation

In mid-2025 ASIC will publish an updated INFO 225 sheet which will provide substantial information and clarification on how financial services laws will apply to financial assets. This will be supported by Digital Asset Platform (DAP) licensing framework which would essentially make crypto exchanges obliged to the same legislation and supervision as traditional financial entities. As seen the Australian government is acknowledging the increasing prevalence of Cryptocurrencies and are addressing the rising legal issues to predominantly ensure that consumers are kept safe and free from potential fraudulent activities.

Conclusion

Australian crypto regulations put a strong emphasis on legal compatibility on platforms to ensure they provide safe practices. This in turn has ensured consumer safety and these future plans will continue to make the entire cryptocurrency environment even safer.

Influencer marketing in Australia has increased by 11% year-on-year yet roughly 80% of Australian influencers surveyed by the Australian Competition and Consumer Commission (ACCC) may be violating the law. Whether you are a small or large business, you want to make sure that your influencer marketing practices align with the legal system to keep up company goodwill and keep out of legal trouble. Below are some tips for brands to ensure they implement to ensure compliance with both influencers and the legal system.

1. Disclosure of your influencer marketing
Ensure that all your influencers clearly disclose the nature of their affiliation with your brand. Influencers are required to reveal any sponsored content and any benefits they have received in return for posting. This entails disclosing any business relationships to followers and including disclaimers in sponsored content. In Australia, there are fines and penalties for not disclosing.

2. Create an Influencer Marketing Agreement/Contract
A legally binding contract is a beneficial tool for both brands and content creators. Avoid sending out products and being ghosted by influencers by generating a contract that clearly sets out the deliverables expected of the Content Creator. This creates better communication between parties for the vision of the campaign as well as ensures that both parties uphold their end of the collaboration.

3. Industry Specific Compliance
The niche of your brand may alter the regulatory compliance measures that need to take place to remain legally valid. For example, financial influencers ‘Finfluencers’ must ensure that they comply with the financial regulatory compliance including but not limited to a financial services license, authorised representative status or a clear warning that they are not involved in promoting financial services. The Australian Influencer Marketing Council (AiMCO) released a code of conduct that may be a useful guide to understanding your niche.

4. Comply with Copyright of Content
Unless specified in a contract, the Intellectual Property (IP) of content made belongs to the Influencer. As a result, even if a customer has paid for the content, the influencer will still have legal ownership rights over it. Either negotiate with your influencers prior to the contract being formed or explicitly mention the promotional purposes of the content within your Influencer Marketing Contract to stay compliant with Copyright Laws.

Legal vigilance is a necessary part of success in the current digital space. Adhering to these legal guidelines not only protects your company from future lawsuits and fines, but it also increases credibility and confidence in the online market.

Allegations of family violence can significantly impact parenting matters before the Family Court. When these allegations arise, they are not just background details — they become central to the Court’s decision about what is in the best interests of the child.

Under the Family Law Act 1975, one of the primary considerations in parenting matters is the need to protect children from physical or psychological harm caused by abuse, neglect or exposure to family violence. In fact, the Court must give greater weight to this factor than to the benefit of a child having a relationship with both parents.

What Is Considered As Family Violence?

Family violence is not limited to physical harm. It includes coercive and controlling behaviour, verbal abuse, emotional manipulation, financial control, and exposing children to conflict. For example, a child who regularly witnesses shouting matches, threats, or aggression between their parents is considered to be exposed to family violence.

How Are Allegations Handled?

Once legal proceedings are underway, and family violence is raised, the Court may:

The party making the allegation should provide as much evidence as possible, including:

Ultimately, the Court’s guiding principle is whether the other party/the child’s safety and emotional wellbeing is at stake. Parenting arrangements will be made to minimize harm, which may include supervised contact, changes to time arrangements, or, in some cases, no contact at all.

The Growing Challenge

As artificial intelligence platforms become increasingly capable and widely used, a new legal and ethical challenge has emerged: What happens when AI tools are used to commit crimes? From generating malicious code to producing misinformation or even assisting in scams, AI’s potential for misuse is real and troubling.

The core issue lies in the distribution of responsibility. Is it solely the user, who actively chooses to misuse the platform? Or does liability extend to the creators and operators of the AI, whose tools enable the harmful behaviour even if unintentionally?

 

The User's Role

Generally, in legal systems around the world, the user who commits a crime using an AI platform is held accountable for their actions. They made the choice, took the steps, and initiated the crime. If someone uses a hammer to hurt someone, we prosecute the person swinging the hammer not the toolmaker.

That said, AI platforms aren't hammers. They can generate autonomous responses, act at scale, and sometimes even assist in planning wrongdoing. This blurs the line between tool and accomplice.

 

The Creator’s Responsibility

Platform creators currently limit their liability through terms of service, disclaimers, and content moderation mechanisms. But the legal community is starting to ask tougher questions:

In extreme cases, if an AI platform is recklessly designed or its developers ignore clear signs of harm being done, there may be grounds for shared liability or civil lawsuits.

 

Pathways to Resolution

Resolving this dilemma requires a multi-pronged approach:

  1. Robust Safeguards

Creators must embed safety layers—such as misuse detection, content filters, and abuse reporting mechanisms—into every AI tool.

  1. Transparent Accountability

Clear documentation on what an AI is capable of, how it should be used, and how it’s monitored can reduce ambiguity and shift liability appropriately.

  1. Updated Legislation

Governments should develop legislation that defines AI-related offenses and determines when liability extends beyond the user to the developer or provider.

  1. Ethical Design

Developers need to adopt frameworks like "responsible AI" or "AI ethics by design," ensuring that their systems resist malicious use and promote transparency.

 

Conclusion

AI platforms are powerful and transformative but with power comes responsibility. While users should certainly be held accountable for criminal actions, creators of these tools must recognize their role in shaping safe and ethical technology. Liability should be shared based on intent, design safeguards, and responsiveness to misuse. Only then can we build a future where innovation and integrity go hand in hand.

Queensland has recently passed legislation which ensures that all venues being built for the 2032 Olympic and Paralympic Games are exempt from 15 major planning rules, so projects are not held up by potential legal challenges. The Queensland government anticipates there will be early building works beginning soon. 

One of these exemptions allows for development at Brisbane’s Victoria Park. However, this has created backlash and formed a group named Save Victoria Park to protest infrastructure occurring on the green space. The Queensland Conservation Council director, Dave Copeman, stated that the government had ignored hundreds of appeals from the community and key stakeholders from using up this natural area. He has also stated that development should be “rigorously assessed and held to a high standard on First Nations engagement, community benefits and nature protection.” 

This new legislation has also implemented new changes for the approval of renewable energy projects and prioritising regional community interests to ensure that infrastructure goals are achieved. Large-scale wind and solar farms will require mandatory public consultation, and developers would need to enter into binding community benefit agreements with local councils. Although, some councils say the legislation imposes upfront processes that delay real outcomes. 

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

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