Family Law Legislation & Consequences

Flashcards covering key legislation, cases, and concepts related to divorce, separation, domestic violence, and alternative dispute resolution in family law.

S48 of the Family Law Act 1975

Legal dissolution of marriage with the only ground being the irretrievable breakdown of a marriage.

S50 of the Family Law Act

Outlines a three-month 'kiss and make-up' period in divorce proceedings.

Family Law Amendment (Shared Responsibility) Act 2006

Introduced shared parenting for long-term care of children.

S61DA

Ensured the presumption of shared responsibility is removed where there are reasonable grounds to assume that a parent has engaged in the abuse of a child or partner.

Family Law Act Amendment 2011

Recognized the need to protect the rights of children and shifted the focus to this.

S64B

Deals with parenting plan criteria (where the child will live etc).

Children and Young Persons Protection Act 1998

Managed by the DCJ and applies if a child is at risk of harm.

S23

Allows the DCJ to intervene where a child is at risk of physical or emotional harm.

Matter of P & P (1995) FLC

Landmark case emphasizing that the court should take into account the child's best interests where there is a separation, provided they are mature enough.

Lewis and Wackett 2010

Demonstrates that the court can take parenting orders where there is a risk of emotional/physical harm.

Family Law Act 1975 Sec 75 and 79

Court considers financial and non-financial contributions made by both partners, effect of property allocations on earning capacity, age, income, and other assets, and other contributions; allows for prenups.

Hoffman v Hoffman (2014)

Wealthy entrepreneur wanted 70% of assets where divorcing; however, was granted 50% due to the fact that the mother was a caregiver; appealed; however, this appeal was not accepted ->demonstrates considerations of FLA

Article 19 on the UN Convention on Children's Rights (CROC)

No child should be subjected to violence, and it is the responsibility of the state to protect them from all forms of physical or mental violence, neglect, and negligent behavior.

Crimes Act (Domestic and Personal Violence) Amendment 2007

Defines domestic violence and allows for the enablement of ADVO’s; 2014 amendment allows for police officers to provisionally issue ADVO’s in the case of an emergency.

Bail Act 2013

Anyone deemed an ‘unacceptable risk’ (issued an ADVO against them) is immediately not released on bail.

Family Law Act 1975 (Cth)

Outlines non-judicial practices that assist people affected by divorce.

Community Justice Centres (CJCs)

Offers free and confidential mediation services across NSW, informality and high success rates.

Federal Circuit and Family Court of Australia

Single point of entry for federal family cases, single set of court rules, forms, practices and procedures, streamlined appeals pathway.

Children's Court

Hears cases regarding the health and protection of children involved in a divorce under the Children's (Care and Protection) Act 1998.

Luke Batty Foundation - Never Alone Campaign

Provides support to families impacted by domestic violence, including accommodation/crisis support etc.