Introduction to Australian Family Law

Introduction to Australian Family Law

  • Course Coordinator/Lecturer: Dr Michelle Fernando (Email: michelle.fernando@adelaide.edu.au)

  • Classes: Mondays 1:10 PM - 5 PM

  • Attendance: Highly recommended; lecture material recorded but discussions/activities not.

Course Overview

  • Aims of the Course:

    • Introduce family law in Australia

    • Establish a practical focus with informed debate and critical thinking

Questions to Consider

  • Statistics:

    • How many Australian marriages end in divorce?

    • Which marriages are more likely to fail?

    • Percentage of Australian children not living with both parents?

  • Legal Definitions and Rights:

    • Do children get lawyers in disputes?

    • Are same-sex and de facto couples treated like married couples?

Group Activity Suggestions

  • Discussion Topics:

    • Describe your family to peers.

    • Define 'family' and 'family law'.

Definition of Family

  • ABS Definition:

    • Two or more persons related by blood, marriage, adoption, etc., usually residing together (ABS, 2016).

Family Law Content Covered in This Course

  • Topics Included:

    • Arrangements for children post-separation, child protection, property division, adoption, divorce, child support, family violence.

  • Not Covered: Surrogacy, binding financial agreements, parent's rights in detail.

Course Objectives

  • Expected Outcomes:

    • Enhance knowledge and awareness of family law.

    • Foster skills in critical reflection and informed debate.

Course Content

  • Key Areas:

    • Australian family law system overview

    • Court obligations regarding children

    • Dispute resolution methods

    • Non-marital relationship property rights

Class Expectations

  • Student Responsibilities:

    • Regular attendance and active participation

    • Keep up with online materials, engage in discussions, complete assessments.

Assessment Overview

  • Assignments:

    • Assignment (45% focus on children, due April 25)

    • In-person exam (55%, open book) at the university during the exam period.

Historical Context of Australian Family Law

  • Pre-Federation: Different laws per colony.

  • Federation 1901: Australian Constitution, s51 grants Commonwealth law-making powers, including marriage and divorce.

  • Marriage Act 1961 (Cth): Introduced changes but did not greatly affect existing laws.

Family Law Act 1975 (FLA)

  • Key Features:

    • Reformed divorce laws, focused on irretrievable breakdown of marriage.

    • Established the Family Court of Australia (1975-2021).

Jurisdiction Issues of Family Law

  • Fragmented System:

    • Complexity with matters being handled in various courts based on marriage status.

    • Referrals and attempts to clarify jurisdictional power over family law.

Major Reforms in Family Law (Children)

  • FLA Updates:

    • Emphasis on parental responsibility and dispute resolution without court intervention.

    • Recent Changes (2023): Repeal of equal shared parental responsibility presumption, focused on child’s best interests.

Major Reforms in Family Law (Property)

  • Upcoming Changes (2024):

    • Codifying property settlement approaches and recognizing economic effects of family violence.

    • Ongoing reforms addressing de facto relationships and general property matters.