Overview of changes in the law

Family Violence – changes to the Family Law Act

The Family Law Amendment (Family Violence & Other Measures) Act 2018 ("Family Violence Act") commenced operation on 1 September 2018. Its changes will impact on the law, practice and procedures in family law matters, not only where there are family violence orders. Although the Bill received considerable attention when it...

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The Family Court: Restructure, Destruction or Fade Away?

"Don't it always seem to go That you don't know what you've got till it's gone They paved paradise And put up a parking lot" "Big Yellow Taxi" by Joni Mitchell The Family Court of Australia (FCofA) was established in 1976 as a best practice model offering in-house alternative dispute resolution such as mediation and...

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Australian Law Reform Commission discussion paper

The Australian Law Reform Commission Discussion Paper on the Review of the Family Law System was released on 2 October 2018. The Discussion Paper is over 300 pages, asks 33 questions and makes 124 proposals for changes to the family law system. Many other proposals and suggestions are embedded in the Discussion Paper and are...

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Hot Cases in family law – 2018

The most important cases in 2018 have been diverse. This paper looks at some of these. Financial agreements continue to raise new legal issues, and defining a de facto relationship continues to be far more problematic than one would expect. An unusual case involved the ability of an adult child to access the court file of his...

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Hot cases in Family Law 2016

In the last 12 months or so there have been some significant cases under the Family Law Act 1975. Those dealt with in this article cover: Spousal maintenance - Hall The definition of “financial resource” Life expectancy - Fontana A lottery win early in the marriage Add-backs Bankruptcy basics Whether a financial agreement can...

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Introduction to CCH Australian Family Law Act 1975 book

Introduction Legislative change in family law has been unusually slow in the past 18 months which has allowed time for the Family Law Courts to consider and consolidate their approach to recent legislative and judicial changes. Since the last edition of this book, there have been two sets of amendments to the Family Law Rules...

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