Publications
International family law disputes
01.
Treaties and international agreements relevant to family law proceedings in Australia
In family law disputes, the parties often have a significant connection to Australia: they are born here or have become Australian citizens, they have all or most of their property here, and they live in Australia when they separate. But, there are also many cases where parties separate in circumstances where they were born...
02.
Polygamous marriages recognised under Australian law—but not gay marriages
In 2004, Prime Minister John Howard amended the Marriage Act 1961 (Cth) to expressly restrict the ability of couples to marry, unless they are a heterosexual couple. In Ghazel & Ghazel [2016] FamCAFC 31, the Full Court of the Family Court of Australia considered the question of whether an unintended consequence of the...
03.
Which country? Child abduction proceedings, undertakings and maintenance orders
International mobility continues to increase through greater travel and work opportunities, and the number of cases dealt with by the Family Law Courts continues to increase exponentially. The difficulties involved with resolving financial disputes at the end of a relationship are often more complicated if there are children....
04.
Which country? The “clearly inappropriate forum” test in Australian family law
In deciding whether Australia should exercise jurisdiction in proceedings under the Family Law Act 1975 ("the Act") , the usual test is whether or not Australia is a "clearly inappropriate forum". The application of the "clearly inappropriate forum" test was recently considered in Deslandes & Deslandes[1]. In that case,...
05.
Which country? New Zealand vs Australia—a special case
The "forum non conveniens" test does not apply when determining which forum should determine a family law dispute when the contest is between Australia and New Zealand. An example of the application of the test which applies to these forum disputes occurred in Nevill & Nevill.[1] In that case, the wife issued property...