Family Law

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18 Terms

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Family Law Act 1975

Governs divorce, parenting, property and child custody

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Marriage Act 1961

Legal requirements of marriage

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Family Law Amendment (Shared Parental Responsibility) Act 2006

Prioritizes child relationship with both parents

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Family Law Amendment (Best interests of the child)

Prioritizes the "best interests of the child" when making parenting orders, and does not assume that a meaningful relationship with both parents is always in the child's best interest

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

Greater protection for children in domestic violence cases

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Adoption Act 2000

Rules for adoption, consent and counselling

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Crimes (Domestic and Personal Violence) Act 2007

Introduced ADVO for domestic violence victims

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Status of Children Act 1996

Equal rights for ex-nuptial chidlren

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Same-Sex Relationships (Equal treatment in Commonwealth Laws) Act 2008

Recognized same-sex de facto relationships

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Marriage Amendment (Definition and Religious Freedoms) Act 2017

Redefine marriage as "the union of two people to the exclusion of all others"

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Child Support (Registration and Collection) Act 1988

Administers Child Support

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Gilick v West Norfolk (1985)

Established child consent for medical treatment

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Baby Gloria Case (2009)

Neglect led to death

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R v Osland (1996)

Battered wife syndrome case, partial defense later recognized

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R v Yusuf Aytugral (2009)

Domestic violence homicide, highlighted limits of ADVO protection

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Lewis & Wackett (2010)

Court denied shared care where domestic violence risk existed

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SMH Pole Dance Case (2013)

Prenup upheld, showing binding nature of financial agreements

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Rosie Batty Case (2014)

Raised national awareness of domestic violence failures in the legal system