Family law

Description

Dedication Full Title Copyright Preface Table of Cases Table of Statutes Table of Contents 1 The Evolving Face of the Family Criticisms of Australia's position on human rights The family reflected in international human rights instruments International Day of Families Human rights in Australian states Defining the family Functions of the family 2 Constitutional and Jurisdictional Issues of Family Law Incidental powers The High Court as an interpreter of the Commonwealth Constitution Interpretation of the divorce and matrimonial causes, and marriage powers, by the High Court The second limb of s 51(xxii) The marriage power States' referral of family law powers to the Commonwealth A further referral of states' power — de facto financial matters and other measures Cross-vesting of jurisdiction Courts exercising jurisdiction under the Family Law Act Background to the Family Law Act and the Family Court of Australia The Federal Circuit Court (previously known as the Federal Magistrates Court) The Family Court of Western Australia 3 Marriage Same-sex marriage in Australia and elsewhere Legal definition of marriage Formalities of marriage in Australia 4 Nullity and Divorce Nullity — a void marriage Divorce Requirements for a divorce order Granting of a divorce where there are children under 18 years When divorce order takes effect 5 Children Objectives and principles of Pt VII of the FLA The Hague Convention on the Civil Aspects of International child Abduction Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of children 6 Parental Responsibility and the Child Support Scheme Child support — a brief history 7 Spousal Maintenance Overview of the legislation Principles relating to an order for spousal maintenance Care and control of a child of the marriage: s 72(a) The power of the Family Court to make orders for spousal maintenance Principles relating to an order for spousal maintenance Cessation of maintenance orders Variation of maintenance orders 8 Distribution of Matrimonial Property Private agreements, consent orders and binding financial agreements regarding property and maintenance Who may make an application? Definition of property Declaration of interests in property: s 78 Section 79 and the High Court decision in Stanford Alteration of property interests Ascertaining the property of the parties Valuation of property Assessment of contributions A section by section approach 9 Financial Disputes Between De Facto Partners Couples in Australia Contrast between de jure and de facto relationships Overview of legislative schemes and factors relevant to property distribution Just and equitable Full and frank disclosure Wastage and the diminishing of the parties' assets Maintenance Superannuation Binding financial agreements Protection for creditors and trustees in bankruptcy Duty to end financial relations Trusts 10 Violence within the Family Terminology Types of abuse Reasons for family violence The feminist perspective Consequences of violence within the family Legislative responses to violence The emergence of tort proceedings for domestic violence Index