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Thursday, May 7, 2026

False accusations in family law - Family Law - Australia - Mondaq

False accusations are perhaps one of the most contested legal matters in family law. It's very nerve-racking and stressful for someone to face this in court hearings. For instance, Person A may think that the court might believe Person B's accusations against him/her if Person B has:

  • Presented facts and testimonies
  • Gathered witnesses and criminal lawyers

However, even if Person B has all of these, there's a chance that they're not reliable or were fabricated. This results in Person A believing that he/she has faced invalid allegations or accusations. These allegations or accusations may lead to defamation. Here are the two types of defamation:

  • Libel (written form of defamation)
  • Slander (oral form of defamation)

Defamation cases also surface within family law matters such as spouses trying to destroy their ex-spouse's reputation. Indeed, it's difficult to handle false accusations alone especially if the other party has excellent lawyers. Read on to find out more information about handling false allegations or accusations.

What Do the Family Law Act and the Crimes Act Say?

Both the Family Law Act 1975 and the Crimes Act 1900 have relevant provisions about false accusations. According to Section 117 of the Family Law Act, a person who unknowingly makes a false allegation or false statement will pay the other person's legal costs. This provision applies to family law matters.

On the other hand, Section 314 of the Crimes Act defines false allegations and accusations as a...



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