KF Lawyers Australia

27/05/2025

Judges’ decisions are not immune from criticism but media reporting of decisions to grant bail is sometimes not informed by a full understanding or proper appreciation of the evidence before the court on any given bail application, the legislative framework and principles that must be applied, or the conditions that are frequently imposed by judges on the grant of bail to mitigate risk. The Chief Justice of New South Wales, the Honourable Andrew Bell, has issued a Statement on Bail to facilitate public understanding of the operation of bail laws in New South Wales. View the statement here:https://supremecourt.nsw.gov.au/documents/media/Bail20250527.pdf

03/05/2025

Katrina Favre of KF Lawyers Australia has been shortlisted again for the Partner of the Year Awards 2025!

Katrina has been named as a finalist in the Partner of the Year Awards for criminal law.

This prestigious awards program is dedicated to recognising the legal partners, or partner equivalents, across individual practice areas within the Australian legal profession, providing them with the career-elevating exposure they deserve.

The finalist list, which was announced on Monday, 28 April 2025, features over 287 high-achieving professionals and businesses across 34 submission-based categories.

Securing a place as a finalist is widely recognised as a remarkable achievement in the legal sector. It signifies the unwavering determination and commitment of individuals, teams, and businesses playing a pivotal role in propelling the industry forward.

Winners will be announced at a black-tie gala at The Star, Sydney, on Thursday, 12 June 2025.
Lawyers Weekly Managing Editor Jerome Doraisamy extended his congratulations to all finalists.

"Now in its 10th year, the annual Partner of the Year Awards is undoubtedly the biggest and best legal awards program Down Under," he said.

"Being a finalist in this awards program is a huge achievement, particularly in the current market. Finalists in all categories should be incredibly proud of themselves, their teams, and their accomplishments. We look forward to seeing all of you on the night."

Katrina said was humbled to be recognised and proud to be named as a finalist in the Partner of the Year Awards 2025.

"This recognition for excellent contribution to the legal sector reinforces the strength of my firm’s service and dedication to connecting with the community and engaging with clients," she said.

Congratulations to the all the finalists in their respective categories! 🥳

03/05/2025

In a recent decision of the Full Court of the Federal Circuit and Family Court of Australia of Dajani & Dajani [2025] FedCFamC1A28, there was an important ruling on the admissibility of criminal sentencing remarks in family law proceedings.

One of the most important issues for determine in this decision was whether the primary judge properly admitted the husband's sentencing remarks into evidence, given the restrictions under section 91 of the Evidence Act 1995 (Cth). Section 91 of the Evidence Act 1995 prohibits the use of Australian court decisions or findings of fact to prove the existence of a fact in issue in a subsequent proceeding. Given the increasing interplay between criminal proceedings and family law proceedings, the Court’s assessment of the use of evidence from previous criminal proceedings has a profound impact in both the criminal justice system and the family law system.

The Full Court considered whether the primary judge made an error in admitting sentencing remarks from the husband's criminal trial into evidence during property proceedings. The husband had been convicted and sentenced for the sexual assault of the parties' daughter. In the family law property proceedings, the wife argued that her contributions to the marriage were more arduous due to the husband's violence and that their daughter required additional care because of the husband's abuse. This has been traditionally known as the Kennon Claim.

The case of Dajani & Dajani reinforces how family law courts may approach evidentiary discretion, especially in parenting and property matters where past or present criminal contact is relevant to the court’s determination of final orders. when criminal conduct impacts parenting and property matters.

What does this mean for litigants? This decision is a timely reminder of the complex interplay between criminal findings and family law issues, and the importance of seeking comprehensive legal advice about the impact of strategies employed in criminal proceedings and how it can impact the outcome of criminal proceedings.

02/03/2025

The changes to the Family Law Act 1975 for financial cases are fast approaching. Amongst the key amendments, there is greater recognition of family violence and abuse, and provisions has now beenn made for family pets under the definition of “companion animals”.

For a quick read of the new changes, visit the below blog article for a summary

OverviewThe Family Law Amendment Act 2024 (Cth) (the Amendment Act) makes changes to the Family Law Act 1975 (Family Law Act) for financial cases, including property settlement and spousal maintenance claims. The amendments to provisions related to property and financial matters are also complimente...

08/01/2025

https://www.lawyersweekly.com.au/biglaw/39973-how-the-rise-in-crime-is-impacting-criminal-lawyers

The latest quarterly crime statistics from the NSW Bureau of Crime Statistics and Research revealed a notable increase in several major criminal offences. Here, criminal lawyers reflect on practising in such an environment, and what constitutes best practice moving forward.

04/05/2024

Our principal lawyer Katrina Favre has been nominated again as a finalist for the criminal law and family law divisions in the famous Lawyers Weekly Partner of the Year Awards for 2024!!! 🏆 🏆 🏆

The Partner of the Year Awards hosted by Lawyers Weekly brings an unparalleled awards program that identifies the legal partners, or partners equivalent, across individual practice areas within the Australian legal profession.

The awards are regarded as one of the legal profession’s most prestigious accolades and pinpoint professional development and innovation, showcasing the individuals who are leading the way in the industry.

Recognising specialists from corporate and criminal law to family law, mergers and acquisitions, and so much more, this is your chance to be recognised as one of the leading partners in Australia.

KF Lawyers Australia extends their congratulations and best wishes to all the other finalists in Australia!

https://www.lawyersweekly.com.au/partner-of-the-year-awards/winners/2024-winners-and-finalists

01/01/2024

HAPPY NEW YEAR!!! Bring on 2024 🥂🎉🥳

18/07/2023

Judgment just in: Elwood v Director of Public Prosecutions [2023] NSWSC 772

The Supreme Court has upheld an appeal against the decision of a magistrate in the Local Court to commit Mr Elwood to trial for three indictable offences and two summary matters. The magistrate entered not guilty pleas on behalf of Mr Elwood. This decision was made despite active and ongoing negotiations between the prosecution and defence, and Mr Elwood’s indication that he wanted to continue to negotiate. The Court held that the magistrate erred by prejudging the matter without having heard from the parties why they were seeking an adjournment and failing to consider alternative pathways under s 76 of the Criminal Procedure Act. The magistrate’s decision deprived the offender of a significant right of a discount for a guilty plea. The Court set aside the decision of the magistrate and remitted the proceedings before a different magistrate.

Read the judgment here: https://bit.ly/3K05ho8

Summary: https://bit.ly/3K0zmEe

07/06/2023

Our principal lawyer Katrina Favre has been nominated again as a finalist in the annual Lawyers Weekly Partner of the Year Awards for the criminal defence and family law categories! 🎉🥂.

Congratulations to all the talented and highly skilled lawyers in Australia who have also been nominated as finalists in this year’s awards. We look forward to celebrating with you and the Lawyers Weekly team!

https://www.lawyersweekly.com.au/partner-of-the-year-awards/winners/2023-winners-and-finalists?utm_source=lawyersweekly.com.au&utm_medium=editorial&utm_campaign=finaliststory&utm_term=POTY2023rtneroftheyearawards2023finalistsstorybuytickets&utm_term=POTY2023

06/06/2023

The list for Sydney’s best lawyers and barristers in Family Law has been published, and our Katrina Favre has been recognised as one of the best family lawyers in Sydney!

Check out the list of other leading family lawyers in Sydney:

https://www.lawyersbarristersawards.com.au/bestfamilylawyers2023syd

https://www.lawyersbarristersawards.com.au/best-family-lawyers-sydney-2023

17/05/2023

Judgment just in: Camilleri v R [2023] NSWCCA 106

The Court of Criminal Appeal has allowed an appeal against Ms Camilleri’s sentence for the manslaughter of her mother. She has been re-sentenced to imprisonment for 16 years and 6 months, with a non-parole period of 12 years.

Read the judgment here: https://bit.ly/3Mailrh

Summary: https://bit.ly/3pSBCpu