Family Essay Plans - LCDMIs

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29 Terms

1
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PARENTING PLANS (CHILDREN) - Legal Consequences of Separation

  • Family Law Reform Act 1995 (Cth) s.64B

  • SMH, 2010 - ‘Shared babies at risk of anxiety’

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PARENTING ORDERS (CHILDREN) - Legal Consequences of Separation

  • Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) s.60CA

  • Herbert & Oliver (2023)

  • ABC, 2011 - ‘Family law is failing kids’

3
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CHILD SUPPORT (CHILDREN) - Legal Consequences of Separation

  • Child Support (Registration and Collection) Act 1988 (Cth)

  • Child Support (Assessment) Act 1989 (Cth)

  • ABC, 2025 - ‘Parents able to ‘manipulate’ child support system free of consequences: ombudsman report’ - 153,000 parents currently have a debt, totalling $1.9 billion in December 2024

4
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DIVISION OF PROPERTY (PROPERTY) - Legal Consequences of Separation

  • Family Law Act 1975 (Cth) s.75 and s.79

  • Farmer v Bramley 2000 - wife awarded $750,000

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FINANCIAL AGREEMENTS (PROPERTY) - Legal Consequences of Separation

  • Family Law Act 1975 (Cth) s.90, 90B, 90C

  • Thorne v Kennedy (2017)

  • News.com, 2017 - ‘Landmark High Court ruling spells ‘death knell’ of pre-nuptial agreements in Australia, experts say’

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DIVORCE

  • Matrimonial Act 1959 (Cth)

  • Family Law Act 1975 (Cth) s.48

  • ABC, 2020 - ‘How Australia introduced ‘no-fault divorce’ - and why our family law system is under review again’

  • Easterlefa & Giannopoulos (2013)

  • ALRC - 95% of cases avoid courts

  • Census, 2021 - 30% of marriages end in divorce

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ADVOS - Domestic Violence

  • Crimes (Domestic and Personal Violence) Act 2007 - 2 years jail and/or $5,500 fine for breaches

  • BOCSAR - 34% are breached in first month

  • BOCSAR - stop violence, intimidation and harassment in 4/5 cases

  • R v Goodbun (2016)

  • ABC, 2014 - ‘New police powers allow on-the-spot AVOs in NSW domestic violence cases’

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BAIL - Domestic Violence

  • Bail Act 1978 (NSW)

  • Bail Act 2013 (NSW)

  • ABC, 2024 - Molly Ticehurst Case

  • Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW)

  • Channel 10, 2024 - ‘Alleged domestic violence offenders to wear ankle monitors under NSW bail reform’ - 33% less likely to reoffend

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RELATIONSHIPS NSW - Domestic Violence

  • Men’s Behaviour Change Program - ‘Taking Responsibility’

  • Daily Telegraph, 2025 - ‘2000 NSW men admit they’re a danger to their families, need help’

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ROLES OF (COURTS) - Federal Circuit and Family Court

  • Family Law Act 1975 (Cth)

  • Farmer v Bramley (2000)

  • The Guardian, 2017 - ‘Obscenely high: how family court costs are destroying parents and their children’ - accrued more than $860,000 in legal fees

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ROLES OF (FAMILY DISPUTE RESOLUTION)

  • Family Law Act 1975 (Cth) s.10F

  • Sydney Morning Herald, 2021 - ‘The outside of collaborative divorce: Families with ‘skin in the game’ avoiding court’

  • Family Law Act 1975 (Cth) s.60 → 95% of disputes are settled outside of court

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ROLES OF (NGOS)

  • Keeping Them Safe - $750 million to expand the roles of NGOs

  • Luke Batty Foundation

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(ROLES OF) MEDIA

  • Yahoo News, 2025 - ‘Hannah Clark Case’

  • Small Steps 4 Hannah

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FAMILY LAW AMENDMENT (SHARED PARENTAL RESPONSIBILITY) ACT 2006 - Changing Nature of Parental Responsibilities

  • Family Law Amendment (Shared Parental Responsibility) Act 2006

  • SMH, 2010 - ‘Shared babies at risk of anxiety’

  • Seaton v Fogarty (2018)

15
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2011 AMENDMENT (FAMILY VIOLENCE AND OTHER MEASURES) - Changing Nature of Parental Responsibilities

  • Family Law Amendment (Family Violence and Other Measures) Act 2011

  • National Plan to Reduce Violence Against Women and their Children (2009-2021)

  • SMH, 2011 - ‘Family law changes anger men’s groups’

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LONE FATHERS ASSOCIATION INC - Changing Nature of Parental Responsibilities

  • Lone Fathers Association of Australia

  • Family Voice, 2023 ‘Father Losing Even More Ground in the Family Court’

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - Care and Protection of Children

  • Children and Young Persons (Care and Protection) Act 1998 - s.27 (mandatory reporting), s.227-228 ($22,000 fine or 2 years imprisonment)

  • Daily Telegraph, 2025 - ‘More than 113,000 Risk of Significant Harm (ROSH) reports made to DCJ’

  • R v Thomas Sam; R v Manju Sam (2009)

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KEEP THEM SAFE PROGRAM 2009 - Care and Protection of Children

  • Wood Inquiry

  • Keep Them Safe Program 2009

  • Children and Young Persons (Wood Inquiry Recommendation) Act 2009 - 106 recommendations

  • R v BW & SW (2009)

  • ABC, 2025 - ‘Video shows childcare worker hitting baby and laughing about it at Affinity Education’

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CATHOLIC CARE - Care and Protection of Children

  • Catholic Care - ‘Brighter Futures’ program

  • Catholic Care, 2025 - ‘Child, Youth & Famil Services’

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LEGISLATIVE REFORMS - Same-Sex Relationships

  • Same-Sex Relationships (Equal Treatment in Commonwealth Laws Reform) Act 2008 (Cth)

  • Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) - 61.1% voted yes in plebiscite

  • The Guardian, 2017 - ‘Australia says yes to same-sex marriage in historical postal survey’ - “unequivocal and overwhelming”

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ADOPTION AMENDMENT (SAME-SEX COUPLES) ACT 2010 (NSW) - Same-Sex Relationships

  • Adoption Amendment (Same Sex Couples) Act 2010 (NSW)

  • William and Jane (2010)

  • News.com, 2024 - ‘Backwards: Australia’s same-sex adoption shame unveiled’

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NSW GAY AND LESBIAN RIGHTS LOBBY - Same Sex Relationships

  • NSW Gay and Lesbian Rights Lobby

  • O’Brien Criminal and Civil Solicitors, 2021 - ‘NSW Anti-Discrimination laws outdated and ineffective’

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SURROGACY ACT 2010 (NSW) - Surrogacy and Birth Technologies

  • Surrogacy Act 2010 (NSW)

  • Family Law Act 1975 (Cth) → child’s best interests

  • SBS, 2022 - ‘The Feed: A single father through surrogacy’

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ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 (NSW) - Surrogacy and Birth Technologies

  • Assisted Reproductive Technology Act 2007 (NSW) → $275,000 or 2 years jail for commercial surrogacy

  • The Project, 2025 - ‘IVF Mix-Up Leads to Baby Swap’

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SURROGACY AUSTRALIA - Surrogacy and Birth Technologies

  • Surrogacy Australia Support Service

26
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COOPERATION AND RESOLVING CONFLICT

  1. Parenting Orders - Consequences of Separation

  2. Financial Agreements - Consequences of Separation

  3. Family Dispute Resolution - Roles Of

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COMPLIANCE AND NON-COMPLIANCE

  1. ADVOs - Domestic Violence

  2. Bail - Domestic Violence

  3. Children and Young Persons (Care and Protection) Act 1998 (NSW) - Care and Protection

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CHANGING VALUES

  1. Family Law Amendment (Shared Parental Responsibility) Act 2006 - Changing Nature of Parental Responsibility

  2. Legislative Reforms - Same Sex Marriage

  3. Assisted Reproductive Technology Act 2007 (NSW) - Surrogacy and Birth Technologies

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LAW REFORM

  1. Bail - Domestic Violence

  2. Legislative Reforms - Same Sex Marriage

  3. Divorce