Relevant bibliographies by topics / Family Law Act 1975 (Cth)

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Academic literature on the topic 'Family Law Act 1975 (Cth)'

Author: Grafiati
Published: 11 December 2022
Last updated: 10 August 2023

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Journal articles on the topic "Family Law Act 1975 (Cth)"

1

Kaspiew, Rae R. "Family violence in children’s cases under theFamily Law Act 1975(Cth): Past practice and future challenges." Journal of Family Studies 14, no. 2-3 (October 2008): 279–90. http://dx.doi.org/10.5172/jfs.327.14.2-3.279.

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Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.

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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.
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Akin Ojelabi, Lola, and Judith Gutman. "Family dispute resolution and access to justice in Australia." International Journal of Law in Context 16, no. 2 (June 2020): 197–215. http://dx.doi.org/10.1017/s1744552320000142.

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AbstractThe context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.
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Parkinson, Patrick. "Freedom of Movement in an ERA of Shared Parenting: The Differences in Judicial Approaches to Relocation." Federal Law Review 36, no. 2 (June 2008): 145–71. http://dx.doi.org/10.22145/flr.36.2.2.

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In 2006, Parliament made major amendments to the Family Law Act 1975 (Cth) (‘Family Law Act’) to encourage a greater level of shared parenting, and to give greater emphasis to the importance of children maintaining a relationship with both parents in the absence of violence or abuse. There are major differences between trial judges in how to apply the new laws to the problem of parental relocation — where the primary caregiver wants to move a long way from the other. The central problem is determining how much importance should be given to a parent's freedom of movement given this greater emphasis on the involvement of both parents. There are stark differences in the policy and approach of different trial judges, which have yet to be resolved by an authoritative and carefully reasoned decision of an appellate court. This article examines these substantial differences in view between judges on this issue since the 2006 amendments, and proposes a way forward based upon revisiting the leading judgment of Kirby J in the High Court in AMS v AIF.1
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Parkinson, Patrick. "Quantifying the Homemaker Contribution in Family Property Law." Federal Law Review 31, no. 1 (March 2003): 1–55. http://dx.doi.org/10.22145/flr.31.1.1.

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A central question in family property law in Australia is how to place a value on the homemaker contribution in comparison with other kinds of contribution. The problem is especially difficult where the property largely consists of assets owned before marriage, acquired by inheritance, or received after separation. This article explores the relevance of the homemaker contribution to property division both in marriages and de facto relationships, challenging the popular assumption that living together per se justifies significant wealth transfers. It is argued that parenthood provides the most important justification for property alteration, and that withdrawal from workforce participation due to the care of children or other family members is the primary concern in evaluating the homemaker contribution. The article then goes on to explore what the homemaker contribution meant when the Family Law Act 1975 (Cth) (‘the Family Law Act’) was enacted, and how that conceptual coherence has become lost over time. There are now two different approaches which have emerged to the quantification of the homemaker contribution in the context of pre-marital property, inheritances, damages awards and property acquired after separation. These approaches are irreconcilable. The approach which is now finding favour in the Full Court of the Family Court is one which makes it impossible for the Court to explain how it has reached its decision on the quantification of the parties' proportionate shares. Furthermore, it is founded on an interpretation of the homemaker contribution that Parliament never intended and has not since authorised. This raises important questions about the legitimacy of the Court's approach to property division under s 79 of the Family Law Act. The article concludes by offering a new interpretation of the role which the homemaker contribution should play in the division of property on relationship breakdown which is consistent with the overall framework of s 79. It involves two distinct considerations of the homemaker contribution. The first is to examine how homemaker contributions should be rewarded. The second is to consider how they should be compensated.
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Alexander, Renata. "Family Violence in Parenting Cases in Australia Under The Family Law Act 1975 (Cth): The Journey So Far – Where are We Now and are We There Yet?" International Journal of Law, Policy and the Family 29, no. 3 (October 8, 2015): 313–40. http://dx.doi.org/10.1093/lawfam/ebv012.

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Roff, Emma. "Family violence and the workplace: Recent developments in Australian law." Alternative Law Journal 45, no. 1 (December 3, 2019): 45–51. http://dx.doi.org/10.1177/1037969x19887558.

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This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.
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Bates, Gerry. "Environmental Assessment Australia's New Outlook under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)." Environmental Law Review 4, no. 4 (December 2002): 203–24. http://dx.doi.org/10.1177/146145290200400402.

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Environmental law in Australia owes much of its origins to British ancestry, but as a political federation of states and territories, Australia has also looked to other federal jurisdictions in the USA and Canada to help determine appropriate legal responsibilities for protection of the environment and management of natural resources. Environmental assessment of activities at Commonwealth level indeed was initially influenced by the American and Canadian models; but in recent years Australian governments have sought a more refined approach that reflects the realities of a new era of ‘co-operative federalism’ ushered in by the Inter-governmental Agreement on the Environment 1992. The promulgation of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBCA) represents the conclusion of this search for the most appropriate statement of Commonwealth/state responsibilities for the environment; and represents the most fundamental reform of Commonwealth responsibility for the environment in the past 30 years. The Act, which came into force on 16 July 2000, replaces five existing statutes; the Endangered Species Protection Act 1992 (Cth); the Environment Protection (Impact of Proposals) Act 1974 (Cth) (EPIP Act); the National Parks and Wildlife Conservation Act 1975 (Cth); the Whale Protection Act 1980 (Cth), and the World Heritage Properties Conservation Act 1983 (Cth).1 The passage of the Act has been controversial because it appears to limit the legal responsibilities of the federal government to a narrow list of defined circumstances, omitting in the process some environmental issues in Australia that might appear to demand a national approach. The purpose of this paper is to describe the background and philosophy behind the new legislation, and outline the provisions for Commonwealth environmental assessment and approval of actions that might significantly affect the environment.
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Lusink, Margaret. "THE FAMILY LAW ACT 1975-77-AUSTRALIA." Family Court Review 16, no. 1 (March 15, 2005): 39–44. http://dx.doi.org/10.1111/j.174-1617.1978.tb00772.x.

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Swannie, Bill. "Racially derogatory cartoons and racial vilif ication laws: Where to draw the line?" Alternative Law Journal 45, no. 4 (April 15, 2020): 291–97. http://dx.doi.org/10.1177/1037969x20918663.

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This article examines whether racially derogatory cartoons are capable of infringing Part IIA of the Racial Discrimination Act 1975 (Cth). In particular, it examines the exemption of ‘artistic work’ in section 18D, which depends on the artistic work being published ‘reasonably’. Courts have struggled to apply the concept of ‘reasonableness’ to cartoons, noting that cartoons are exaggerated by their nature and that they often convey political messages.
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Dissertations / Theses on the topic "Family Law Act 1975 (Cth)"

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Brown, Amanda J. "Protection from child emotional abuse in family law parenting matters over two regimes of the Family Law Act 1975 (Cth): Policy, legislation and judicial reasoning." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/112815/2/Amanda_Brown_Thesis.pdf.

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This thesis explored whether Australian family law adequately protects emotionally abused children in parenting matters. It explored the nature of child emotional abuse, and analysed two regimes of the Family Law Act 1975 and their political underpinnings. It analysed case law to understand judicial interpretation and application of the law. Applying social science understandings of child emotional abuse, this thesis found Australian family law – as embodied in legislation, case law, and policy - has not adequately dealt with this form of child maltreatment. Findings indicate the need to develop more robust approaches to child emotional abuse in family law matters.
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Jackson, Matthew. "Gladue, Bugmy and ‘special treatment': Reconciling a proposal for sentencing law reform in Queensland with s.10 of the Racial Discrimination Act 1975 (Cth)." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/206179/1/Matthew_Jackson_Thesis.pdf.

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This thesis compares how Indigenous offenders are sentenced in Canada and Australia. In Canada, judges must give particular attention to the circumstances of Indigenous offenders. However, in Australia there is no such statutory requirement. Indeed, the High Court of Australia has queried whether such a requirement – at state level – would be consistent with the Racial Discrimination Act 1975 (Cth). The thesis argues that the Queensland legislature could pass such a sentencing law and that it would be consistent with the Racial Discrimination Act 1975 (Cth).
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Fernando, MM. "Judicial meetings with children in Australian Family Law Proceedings: Hearing children’s voices." Thesis, 2011. https://eprints.utas.edu.au/11749/1/Front-Thesis_Final_Submission_Fernando.pdf.

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Australian family law judicial officers rarely take the opportunity to meet with children who are the subject of proceedings, despite the fact that the outcome of these proceedings will affect many important aspects of a child’s life. This appears to be at odds with the court’s obligation to regard the best interests of the child as the paramount consideration and the child’s right to participate pursuant to the United Nations Convention on the Rights of the Child. While it appears that the practice of judicial meetings with children is not encouraged in Australia, internationally there is growing support. Several countries have implemented guidelines or taken other steps to actively encourage greater use of the practice. In some countries, judicial meetings are carried out frequently, uncontroversially and successfully. Delegates at the 5th World Congress on Family Law and Children’s Rights in 2009 passed a resolution in support of judges considering whether to meet with a child in every case before them. This thesis looks at the benefits that can be gained, both for children and for decisionmaking, by judges meeting with children. These benefits are viewed within the wider context of how the right of children to express their views is exercised in family law matters and the literature on how children feel about their current level of participation in court proceedings. In determining what is in the best interests of a child, judges may be aided by a practice that enables them to learn more about a child’s needs and interests than via other recognised methods of hearing children’s views. The thesis explores the reasons why there are only a handful of cases in which Australian judges have met with children and discusses the main criticisms of the practice. The author conducted a unique empirical study to discover the views and experiences of the Australian family law judiciary about meeting with children. Utilising both qualitative and quantitative methods, the study involved in-depth interviews with four Family Court judges and a survey of all family law judicial officers in Australia. The results of the study make an original contribution to the field of judicial attitudes to children’s participation in family law. It was discovered that some problems discussed in the literature, such as due process and confidentiality, may be more perceived than real as judges were able to suggest ways to overcome them. The study found that many judges see strong benefits in meeting with children, but that they may be unable to overcome two lingering concerns. Judges perceive that they lack the skills and training to meet with children, and they are troubled by the prospect that judicial meetings may subject children to parental pressure or manipulation. The thesis makes recommendations to ensure greater certainty in the practice of judicial meetings with children. These include the implementation of Australian guidelines on when and how judicial meetings should be conducted. With recent child-focused changes to family law and practice, such as the Less Adversarial Trial procedure, and growing international discussion, it is anticipated that judicial culture may slowly change. With time, judges may consider the potential benefits of meeting with a child in every case that comes before them. It is argued that it is imperative they do so in order to give effect to the internationally recognised rights of children and the fundamental obligation of the family law courts to regard the best interests of the child as the paramount consideration.
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Books on the topic "Family Law Act 1975 (Cth)"

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Australia. Australian Family Law Act 1975, Family Law Rules, Family Law Regulations. Sydney: Butterworths, 1988.

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Australia. Australian Family Law Act 1975: With regulations and rules : consolidated to 12 June 2009. 2nd ed. Sydney, NSW: CCH Australia, 2009.

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3

Australia. Parliament. Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act. The Family Law Act 1975: Aspects of its operation and interpretation : report of the Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act. Canberra: Australian Govt. Pub. Service, 1992.

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Australia. Australian Family Law Act 1975, with regulations and rules (A CCH legislation book). 4th ed. CCH Australia, 1985.

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Australia. Australian Family Law Act 1975, with regulations and rules (A CCH legislation book). CCH Australia, 1991.

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Australia. Australian Family Law Act 1975, with regulations and rules (A CCH legislation book). 9th ed. CCH Australia, 1988.

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Library, The Law. Family Law Act 1975. CreateSpace Independent Publishing Platform, 2018.

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Family Law Regulations: In Force Under the Family Law Act 1975 (Official Consolidations). Australian Govt Pub Service, 1997.

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Family Law Act 1975: As at 11 June 1996. Australian Govt Pub Service, 1996.

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, CCH Australia, C. C. H. Australia. Australian Family Law Act 1975 with Regulations and Rules. CCH Australia, Limited, 2015.

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Book chapters on the topic "Family Law Act 1975 (Cth)"

1

Burton, Frances. "Inheritance (Provision for Family and Dependants) Act 1975 (1975 c. 63)." In Core Statutes on Family Law, 61–68. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54510-7_22.

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Rendell, Catherine. "Inheritance (Provision for Family and Dependants) Act 1975." In Law of Succession, 241–64. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-13510-3_13.

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Luther, Peter, and Alan Moran. "Inheritance (Provision for Family and Dependants) Act 1975 (1975, c. 63)." In Core Statutes on Property Law, 158–73. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_24.

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"Family Allowances Act 1945." In Women’s Legal Landmarks : Celebrating the History of Women and Law in the UK and Ireland. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781782259800.ch-031.

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"Health (Family Planning) Act 1979." In Women’s Legal Landmarks : Celebrating the History of Women and Law in the UK and Ireland. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781782259800.ch-049.

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Sloan, Brian. "Family Provision." In Borkowski's Law of Succession, 287–343. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198850281.003.0009.

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This chapter addresses family provision, with particular reference to the Supreme Court’s decision in Ilott v The Blue Cross. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain persons can apply for financial provision out of the deceased’s estate on the grounds that the deceased’s will or intestacy (or a combination of the two) does not make reasonable financial provision for the applicant. The persons entitled to apply are the deceased’s surviving spouse or civil partner, former spouses or civil partners who have not remarried or entered a subsequent civil partnership, children, children of the family, dependants, and cohabitants. The remainder of the chapter covers the powers of court to make orders; the ‘standards’ applicable to applicants and the ‘matters’ which the court must take into account in applications for an order under the 1975 Act; and anti-avoidance provisions of the 1975 Act.
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Sloan, Brian. "9. Family Provision." In Borkowski's Law of Succession. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198757924.003.0009.

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This chapter addresses family provision. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain persons can apply for financial provision out of the deceased's estate on the grounds that the deceased's will or intestacy (or a combination of the two) does not make reasonable financial provision for the applicant. The persons entitled to apply are the deceased's surviving spouse or civil partner, former spouses or civil partners who have not remarried or entered a subsequent civil partnership, children, children of the family, dependants, and cohabitants. The remainder of the chapter covers the powers of court to make orders; the ‘matters’ which the court must take into account in applications for an order under the 1975 Act; and anti-avoidance provisions of the 1975 Act.
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Kerridge, Roger. "Family Provision in England and Wales." In Comparative Succession Law, 384–416. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0013.

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English law has not always applied the principle of freedom of testation. In an absolute form it dates only from 1891. Family provision legislation, based on the New Zealand model, was introduced into England and Wales in 1939 and gave the courts a discretion to award maintenance to the testator’s spouse and, in some cases, to his or her children. Subsequently, the legislation was extended and it now covers a number of different classes of claimant, as well as much greater entitlement for spouses. Although it was suggested in the 1970s that a system of fixed shares might be substituted for the discretionary family provision system, this did not happen, and the proposal seems unlikely to resurface. The present legislation is contained in the Inheritance (Provision for Family and Dependants) Act 1975 as amended. The problem areas at the present time relate to the entitlement of adult children, to the identification of dependants, and to the identification and entitlement of cohabitants. The cost of litigation in England is always a matter of concern, but in this field, where there is sometimes considerable uncertainly as to who is likely to obtain what provision, the application of the discretionary system causes some unease.
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