Relevant bibliographies by topics / Australia Family Law Act 1975

Academic literature on the topic 'Australia Family Law Act 1975'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Australia Family Law Act 1975"

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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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Bates, Frank. "New views of parenting." Children Australia 19, no. 4 (1994): 15–21. http://dx.doi.org/10.1017/s1035077200004193.

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There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).
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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. "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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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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Campbell, Alan. "I Wish the Views Were Clearer: Children's Wishes and Views in Australian Family Law." Children Australia 38, no. 4 (December 2013): 184–91. http://dx.doi.org/10.1017/cha.2013.28.

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In 2006, legislative changes were made to the Australian Family Law Act 1975. These changes included a revision of the matters that must be considered when determining children's best interests following parental separation, at Section 60CC. This section lists two ‘primary considerations’, which relate to the child's having a ‘meaningful relationship’ with both parents and ensuring that children are safe in their interactions with their parents and others in their lives. The first of the ‘Additional considerations’ under Section 60CC concerns ‘any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views’. This consideration differs from that in the pre-2006 Act, which referred to a child's ‘wishes’ rather than her/his ‘views’. There is evidence, however, that those working in the family law system may not yet have made the shift towards understanding what these changes may entail.In this article I explore the differences between the concepts of ‘wishes’ and ‘views’ as they relate to children in family law matters. I argue that these concepts are qualitatively different, and that children's ‘views’ are far more encompassing than their ‘wishes’. Moving to a far broader understanding of children and their ability to understand issues that directly affect their lives may lead to the development of more comprehensive decisions about their futures.
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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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De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.

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For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.
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Fargher, Ian. "Valuation and Service Trusts." Australasian Business, Accounting & Finance Journal 15, no. 2 (2021): 83–102. http://dx.doi.org/10.14453/aabfj.v15i2.6.

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The oblique nature of control over assets of a trust has always been challenging when personal asset distribution is at issue. This is no more apparent than in the context of Family Law. Complex organisational arrangements may make sense when considering tax planning or asset protection strategies, however, they may present difficulties for the application of sections 79 and 75 of the Family Law Act 1975. Specific difficulties are experienced when dissecting the economic structures of professionals, where the issues of professional and business intangible assets and tangible assets are held within service trust structures, intertwined with personal professional wages, incorporated professional entities, professional distributions and family distributions. Service trust arrangements have become popular for Australian professionals, such as, doctors, accountants, lawyers and engineers due to their tax effectiveness which passed the court’s test in the 1978 case FCT v Phillips. The Australian Taxation Office (ATO) has issued ‘safe harbour’ rules for the operation of service trust arrangements which may provide some, in principle, assistance to Family Law decision making. This paper investigates the Family Law issues with respect to partner distributions where a service trust structure is in place. In this regard, the paper considers the business structuring concepts including the rights and roles of those associated with trusts, particularly the exercising of control. Secondly, the paper reviews the courts decisions with respect to looking through business trust structures with reference to the reasoning expressed in past judgements. Finally, the paper considers the Family Law distribution effects of tangible and intangible assets when professional services are encased within a Philips Trust type structure. This paper should be of interest to those involved, or potentially involved, in Family Law asset distribution. Specifically, legal and professional advisors, such as lawyers, accountants and valuation professionals. The paper’s objective is to assist in clarifying the complex issues of understanding business structures underpinning the transaction based cash flows between entities and their potentially intertwined equity.
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Giliker, Paula. "Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?" Common Law World Review 48, no. 1-2 (February 21, 2019): 15–38. http://dx.doi.org/10.1177/1473779518823689.

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In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘ may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.
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Dissertations / Theses on the topic "Australia Family Law Act 1975"

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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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Francis, Steven James. "The Foreign Acquisitions and Takeovers Act 1975 : an administrative law perspective." Thesis, 1996. http://hdl.handle.net/1885/144464.

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Books on the topic "Australia Family Law Act 1975"

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

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Kluwer, Wolters. Australian Family Law Act 1975 with Regulations and Rules. CCH Australia, Limited, 2017.

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Editors, C. C. H. Australian Family Law Act 1975 with Regulations and Rules. CCH Australia, Limited, 2019.

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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). 4th ed. CCH Australia, 1985.

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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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Book chapters on the topic "Australia Family Law Act 1975"

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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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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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