Australian Family and Fertility Law

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Legal professional privilege is a fundamental protection under Australian common law, yet it is frequently misunderstood or accidentally waived by clients. In this episode, Ella Leitch, a solicitor at Page Provan Family & Fertility Lawyers, breaks down the complexities of privilege and explains why it is a right that belongs exclusively to the client.

Ella discusses the dominant purpose test, which determines whether a communication or document is legally protected from disclosure. While many people understand the need for confidentiality during heated litigation, this episode explores the hidden risks in non-litigious matters, such as surrogacy. In cooperative legal processes, it can be tempting to share advice with the other party to move things forward; however, Ella warns that doing so can lead to an unintentional waiver of privilege that might affect your entire case. Learn how to recognise these risks and why consulting your lawyer before sharing any documentation is the only way to safeguard your legal position.

In This Episode:

• Defining legal professional privilege and its role in Australian law.
• Why the client holds the power to waive or maintain privilege.
• An explanation of the dominant purpose test for legal advice.
• The risks of sharing confidential information in surrogacy and cooperative matters.
• How intentional and unintentional waivers of privilege occur.
• The consequences of losing privilege over associated documents.
• Practical steps to ensure your confidential communications remain protected.

For expert guidance on your family or fertility law matter, visit: https://pageprovan.com.au/

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How are debts handled in an Australian property settlement? It's more complex than you think.

Bruce Provan, Managing Director at Page Provan Family & Fertility Lawyers, breaks down how "the pool" is calculated — assets plus superannuation minus liabilities — and why there's no automatic 50/50 split.

This episode explains which debts are included in property settlements (mortgages, joint credit cards, reasonable living costs) and which are excluded (gambling, legal fees, and "waste" — money one party recklessly spent). And here's the catch most people miss: even if the court orders one party to pay a debt, that order doesn't bind the bank. If your ex stops paying the joint mortgage, the bank can still come after you.

In This Episode:

• How "the pool" is calculated in property settlements
• Assets + superannuation - liabilities
• Why there's no automatic 50/50 split
• Which debts are included in settlements
• Which debts are excluded
• What counts as financial "waste"
• Why court orders don't bind banks
• Protecting yourself from joint debts post-separation

Need expert property settlement advice?
Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/ 

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After 15 years of negotiations, the Hague Conference has paused its international surrogacy convention project.

Stephen Page, Director at Page Provan Family & Fertility Lawyers what went wrong and why it matters.

The impasse? The US advocates for reproductive freedom, while Europe — particularly France and Germany — opposes surrogacy outright and insists the surrogate is always the legal mother.

The real losers here aren't the countries — it's the children born through surrogacy who deserve legal identity and parentage recognition across borders. International surrogacy isn't going away. Without a global framework, children remain in legal limbo.

In This Episode:

• 15-year history of Hague surrogacy convention negotiations
• Why the project has been paused indefinitely
• US position: reproductive freedom and intended parent recognition
• European position: surrogacy opposition and surrogate as legal mother
• Stephen's role as ABA lead 2012-2016
• Impact on children born through international surrogacy
• Legal limbo and citizenship issues
• What happens next

Need expert international surrogacy advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

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Monash IVF settled two embryo mix-up cases with multimillion-dollar payouts — and the details are devastating.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, examines these shocking cases: In Brisbane, a couple discovered their child was genetically someone else's. In Melbourne, the wrong embryo was implanted in a lesbian partner.

Both cases triggered a three-month regulatory review. With 100,000 IVF cycles performed annually in Australia, these incidents raise serious questions about human error versus systemic failure in our fertility industry.

IVF families deserve better safeguards. This shouldn't keep happening.

In This Episode:

• Details of the Brisbane embryo mix-up case
• Details of the Melbourne embryo mix-up case
• Monash IVF's multimillion-dollar settlements
• The three-month regulatory review findings
• Human error vs systemic failure in IVF
• Australia's 100,000 annual IVF cycles
• What safeguards should exist
• Protecting IVF patients and families

Need expert IVF legal advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/ 

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One sperm donor. 550 children. All conceived through unregulated private donation.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, examines the shocking cases emerging from unregulated private sperm donation — including a woman in California who discovered she has 47 half-siblings, and two men in Quebec who fathered 550 children through private sperm donation apps and websites.

In Australia, private sperm donation is completely unregulated — no family limits, no tracking, no oversight. Clinic donation has strict safeguards. Private donation has none.

This creates serious psychological, genetic, and legal risks for donor-conceived children. Australia needs urgent regulation to protect the next generation.

In This Episode:

• The 550-child case in Quebec
• California woman with 47 half-siblings from one donor
• How Australia regulates clinic vs private sperm donation
• Why private donation has zero oversight
• Psychological and genetic risks for donor-conceived children
• Legal risks and identity issues
• Why Australia needs urgent regulation

Need expert fertility law advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

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Ireland just changed its surrogacy laws — and it's complicated.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down Ireland's new Health Assisted Human Reproduction Act 2024 and what it means for Irish intended parents pursuing surrogacy.

The new legislation legalises domestic altruistic surrogacy through AHRRA approval and parental orders — that's the good news. But overseas surrogacy now faces strict limits: only AHRRA-approved sites, single embryo transfer mandates, and altruistic-only arrangements. Commercial overseas surrogacy is now criminalised.

This is a major shift for Irish families who have historically relied on international surrogacy. The law creates new hope for domestic arrangements but new barriers for international ones.

In This Episode:

• Overview of Ireland's Health Assisted Human Reproduction Act 2024
• How domestic altruistic surrogacy is now legalised
• New restrictions on overseas surrogacy arrangements
• AHRRA approval process and requirements
• Single embryo transfer mandate
• Criminalisation of commercial overseas surrogacy
• Impact on Irish intended parents

Need expert surrogacy law advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/ 

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Hugh Jackman reportedly won't sign a pre-nup with Sutton Foster — and that's raising eyebrows over his $170 million fortune.

Bruce Provan, Managing Director at Page Provan Family & Fertility Lawyers, uses this celebrity case to explain how pre-nups work in Australia, where they're called Binding Financial Agreements, and why they matter especially in second marriages.

BFAs protect pre-relationship wealth, but they can be set aside if signed under duress or poorly drafted. Getting it right from the start is critical — whether you're Hugh Jackman protecting $170 million or someone protecting what you've built before a new relationship starts.

In This Episode:

• Hugh Jackman's reported decision not to sign a pre-nup
• How Binding Financial Agreements work in Australia
• Pre-nups vs BFAs: what's the difference?
• Protecting pre-relationship wealth
• Why second marriages need different protection
• When BFAs can be set aside
• Duress and proper legal advice requirements
• What Jackman's children might be concerned about

Need expert family law advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

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Marching in front of 250,000 people who support LGBTQ+ parenting — it never gets old.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, shares his experience marching in the Sydney Gay and Lesbian Mardi Gras for the fourth time, this time alongside his husband Mitchell and daughter Elizabeth as part of the Rainbow Families contingent.

From holding the gay dads banner and waving until his arm nearly fell off, to catching up with old friends and making new ones, Stephen reflects on why Mardi Gras remains one of the highlights of his year. Marching with Rainbow Families isn't just about celebration — it's about visibility, community, and showing LGBTQ+ families that they belong.

If you're a gay, lesbian, trans, intersex, or queer parent, consider joining Rainbow Families and experiencing this incredible moment of solidarity and joy.

In This Episode:

• Stephen's fourth time marching in Sydney Mardi Gras
• Marching with Rainbow Families and the gay dads group
• What it's like to march in front of 250,000 supporters
• Why visibility matters for LGBTQ+ families
• How to join Rainbow Families
• A personal reflection on community and celebration

Need expert LGBTQ+ family law advice?
 Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

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The US Supreme Court just heard one of the most consequential cases for international surrogacy in decades — and it didn't go well for President Trump's executive order.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down last week's historic Supreme Court hearing on birthright citizenship and what it means for Australian intended parents pursuing surrogacy in the United States.

What's at stake? Trump's executive order attempts to end birthright citizenship for children born in the US unless they have a genetic American parent. This directly impacts thousands of Australian families doing surrogacy in America — children who were previously guaranteed US citizenship simply by being born on US soil could now be denied.

But after hours of sceptical questioning from the nine Supreme Court justices (with Trump himself in attendance for two hours), Stephen is cautiously optimistic: "It is highly unlikely the executive order will survive."

The 14th Amendment, added after the Civil War to guarantee citizenship to freed slaves and their children, is crystal clear: if you're born in the United States (and your parents aren't foreign diplomats or invading forces), you're a US citizen. Period.

Judgement expected by June. This will shape international surrogacy for years to come.

In This Episode:

• Trump's birthright citizenship executive order explained
• US Supreme Court hearing breakdown (March 2026)
• How this impacts Australian surrogacy parents in the US
• The 14th Amendment: what it says and why it matters
• Historical precedent from 130 years ago
• Why the executive order is unlikely to survive
• What happens next: judgement expected by June
• Implications for children born via surrogacy in the US

Need expert fertility law advice?
Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

If you're planning surrogacy in the United States or have questions about citizenship for children born overseas, get proper legal advice to navigate this rapidly changing legal landscape. Don't assume birthright citizenship is guaranteed until the Supreme Court rules.

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Waiting for WA's new surrogacy and fertility laws to take effect? You're not alone—and here's the frustrating truth: nobody knows the exact timeline yet.

Stephen Page, Director at Page Provan Family & Fertility Lawyers, provides a quick update on Western Australia's Assisted Reproductive Technology and Surrogacy Act, which passed Parliament in December 2024 and received Royal Assent just before Christmas.

While the government announced an 18-month rollout (through to around July 2027), the regulations are still being written, and there's no clear timeline on when specific provisions will commence.

If you're wondering when the new IVF industry regulations kick in, or when updated surrogacy rules take effect—Stephen's answer is honest: "I don't know, and seemingly nor does anyone else."

A brief but important update for anyone navigating WA fertility and surrogacy law.

In This Episode:

• WA Assisted Reproductive Technology and Surrogacy Act passed December 2024
• Updates to IVF industry regulations in WA
• Updates to surrogacy law in WA
• 18-month rollout period (now through July 2027)
• Why the commencement timeline is still unknown
• What we're waiting on: regulations being drafted

Need expert fertility law advice in WA?
Visit Page Provan Family & Fertility Lawyers: https://pageprovan.com.au/

Stay tuned for updates as more information becomes available. If you're planning surrogacy or fertility treatment in WA, keep checking back for the latest regulatory changes.

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