*Please note that the links to the content in this Part will direct you to Westlaw AU.
NB: Please note that all updates will include links for Westlaw AU only (with the exception of the Journals available on Checkpoint, which will have an extra PDF). For further information, please click here.
The latest issue of the Family Law Review (Volume 4 Part 1) contains the following material:
Family violence and family law: Where to now? – Dr Adiva Sifris and Anna Parker
The Family Law Amendment (Family Violence and other Measures Act) 2011 (Cth) introduced a number of amendments to the Family Law Act 1975 (Cth) relating to the manner in which courts exercising jurisdiction under the Act should deal with cases involving family violence and child abuse. This article examines these reforms, including the context in which they took place. It then argues that while the reforms are significant and will go some way towards improving the family law system’s response to victims of violence and abuse, further reform is required. In particular, it is argued that if the family law system is to respond adequately to the high incidence of violence and abuse within separated families, provisions in the Family Law Act which treat family violence as an exception to the norm must be amended.
Legal capacity and case guardians – Brendan Ashdown
The procedural rules of court give expression to when a party lacks legal capacity to conduct proceedings on their own behalf. Formulation of the test requires reference to common law principles for determining whether a person lacks legal capacity. This article examines their interaction and the content of the test to be applied. While the lack of legal capacity requires the existence of a diagnosable medical disorder as a causative element, it is the assessment of the functional ability of a person which determines capacity. The existence of the requisite level of understanding, insight and comprehension required involves an objective assessment relative to the nature and complexity of the transaction or matter calling for the exercise of judgment or decision-making, while still taking account of the individual’s personal circumstances.
CHILD SUPPORT UPDATE – Department of Human Services
INTERNATIONAL FAMILY LAW – Judge Alexandra Harland
RECENT CASES – Judge Geoffrey Monahan (Ed), Dean Foley, Michelle Fernando, Olivia Rundle
- Bevan v Bevan (Property – Consideration of Stanford)
- Kane v Kane (Property – “Special considerations”)
- Burton v Churchin (Children – Parties who are not parents)
- Norton v Locke (De facto relationship – Threshold issue of jurisdictional fact)
For the pdf version of the table of contents, click here: WAU – Fam L Rev Vol 4 Pt 1 Contents.