Family Law Review (Fam L Rev)
Volume 8, Issue 1 of the Family Law Review (Fam L Rev) was the final issue to be published for this journal series. With the agreement of the General Editor, Richard Ingleby, this journal was decommissioned in December 2019.
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About the Journal
This peer-reviewed journal takes an interdisciplinary approach to a broad range of family law issues, including: family dispute resolution; children and parenting matters; property settlement and financial arrangements; child support; de facto relationships; international family law; and family law practice and procedure.
A dedicated forum for the discussion of contemporary family law issues, Family Law Review (ISSN: 1837-8757) also monitors emerging developments in family law practice.
The broad range of topics covered – and the combination of analytical articles and practice-focused commentary – provides guidance and insight for family law practitioners and academics alike.
In addition to peer-reviewed, feature articles, Family Law Review provides topical and practice-focused commentary in dedicated sections, including: Professional Insights, Family Dispute Resolution, Child Support, Children and Parenting and more. The journal also provides summaries of significant recent Family Court decisions in the Recent Cases section.
The journal is overseen by General Editor Dr Richard Ingleby, a leading family law practitioner with extensive academic experience.
The General Editor is assisted by a specialist Editorial Board, consisting of members of the judiciary, experienced family law practitioners and academics, to provide extensive coverage of significant issues and developments in family law.
Dr Richard Ingleby is a member of the Victorian Bar and an interstate member of the Western Australia Bar. He specialises in appellate matters and complex financial cases. Dr Ingleby is an Honorary Fellow of the Law Faculty at the University of Western Australia and has previously had academic or visiting appointments at: North China University; Deakin University; The University of Melbourne; Centre for Socio-Legal Studies, Wolfson College, Oxford; Ohio State University; and Manchester University. He was National Examiner for the Family Law Specialisation Accreditation in 2011 and 2013.
Editorial Board: Consulting Editors
The Hon Jennifer Boland AM, Former Judge of the Appeal Division of the Family Court of Australia
Dr Rachel Carson, Australian Institute of Family Studies
Dr Anthony Dickey QC, Barrister and Solicitor of the Supreme Courts of Victoria and Western Australia
Judge Alexandra Harland, Federal Circuit Court of Australia
Dr Fiona Kelly, La Trobe University
Judge Geoffrey Monahan, Federal Circuit Court of Australia
Dr Adiva Sifris, Monash University
Dr Bruce Smyth, Australian National University
Editorial Board: Contributing Editors
Mr Simon Bacon, Manby and Scott, Melbourne
Dr Felicity Bell, University of Wollongong
Dr Bridget Cullen, Legal Member, Queensland Civil and Administrative Tribunal
Ms Linda Kochanski, Bond University
Ms Anne-Marie Rice, Rice Naughton McCarthy, Brisbane
Mr Dean Foley, Murdoch Lawyers, Brisbane
Mr Trevor McKenna, Worrall Lawyers, Tasmania
Dr Olivia Rundle, University of Tasmania
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For the individual contents pages for each Part, click here.
The latest Part of the Family Law Review includes the following material: “Less House, More Home: Adolescent and Young Adults’ Experiences of Home Following Parental Separation” – Leanne Francia and Prudence Millear; “Equity, the Free Market and Financial Agreements in Family Law: Thorne v Kennedy” – Lisa Sarmas and Belinda Fehlberg; “English Pension Sharing after Australian Divorce” – David Salter and Ellie Foster; Professional Insights: “Practical Tips from Thorne v Kennedy” – Genevieve Smit; Child Support: “The Substitution Order in Child Support Litigation” – Simon Bacon; In the High Court: “The High Court’s First Foray into Financial Agreements: Thorne v Kennedy” – Trevor McKenna; and Book Review: “Rewriting Children’s Rights Judgments” by Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore (eds) – Reviewed by Richard Ingleby.
The latest Part of the Family Law Review includes the following material: “If You Want a Picture of the Future, Imagine Mandated Pre-action Procedures, Registrar Case Management and Information Sharing” – Judge Joe Harman; “Accommodating Family Law and Culture in a Diverse Society: The Injunction Power and the Jewish Experience” – Graham Segal OAM; “Certain Unions Are Not Marriages: Predicting Outcomes on Separation for Same-sex Couples Married Overseas” – Louise Cooney and Eliza Tiernan; “Family Law Property Settlements: An Exploratory Quantitative analysis” – Christopher Turnbull; Property and Financial Arrangements: “Post-separation Inheritances: Calvin v McTier  FamCA 125” – Anna Parker and Amanda Pearson; The Child Support: “The Child Support Registrar Appearing Amicus Curiae” – Simon Bacon; and Recent Cases: Kent v Kent, Waterman v Waterman, Arthur v Secretary, Department of Family and Community Services, and Tuckson v Elsey.
The latest Part of the Family Law Review includes the following material: “Vexatious litigation in family law and coercive control: Ways to improve legal remedies and better protect the victims” – Emma Fitch and Patricia Easteal; “The missing heart of parenting disputes in the Australian family law system: A case for a child-inclusive approach to judicial decision-making” – Stephanie Young; “Thinking outside the Family Law Act: Concepts of fairness in England and Australia compared” – Alison Burt; Child and Parenting: “Re Kelvin: The chance for a new legal approach to hormone treatment for gender dysphoria in young people” – Felicity Bell; Child Support: “Pre-emptive declaratory orders and the enforcement of child support” – Simon Bacon; Property and Financial Arrangements: “Section 90AK of the Family Law Act: Acquisition of property on just terms” – Anna Parker and Shai Sommer; and Recent Cases: Grella v Jamieson, Britt v Britt, Maine v Maine, and Welch v Abney.
The latest Part of the Family Law Review includes the following material: “The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia” – Judge Joe Harman; “Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes” – Hayley Boxall and Dr Jason Payne; “The reach and efficacy of s 121 of the Family Law Act” – Sharon Rodrick and Adiva Sifris; Child Support: “Child support and the autochthonous expedient” – Simon Bacon; Property and Financial Arrangements: “Justice, equity and alteration of individual property interests” – Will Stidston and Anna Parker; Practice and Procedure: “The teetering capacity of family law litigants: The risks to mentally ill litigants when the court is unaware they lack capacity” – Bridget Cullen; In the High Court: “Parenting orders, children’s views, order in favour of ‘strangers’: Bondelmonte – Dean Foley; and Recent Cases: Lane v Nichols, Masters v Cheyne, Fewster v Drake, and Russo v Wylie.
We are delighted to announce that Dr Richard Ingleby will be joining The Australian Law Journal team as the new Section Editor of the Family Law section, as our outgoing editor Dr Anthony Dickey QC retires from the post which he has held since 1988. Dr Richard Ingleby becomes the editor of the Family Law Section with extensive experience as ...more
The latest Part of the Family Law Review includes the following material: “Understanding discretionary trust structures in family law” – Grant T Riethmuller; “Hague Convention on the Civil Aspects of International Child Abduction: The consideration of habitual residence in Australian courts” – Patricia Easteal AM, Joshua Favaloro and Fanny Thornton; “What happened in the Baby Gammy surrogacy case?” – Michael Nicholls QC; Children and Parenting: “State child welfare departments and federal family law matters” – Felicity Bell; Property and Financial Arrangements: “The treatment of uncertain liabilities in applications under s 79 of the Family Law Act” – Anna Parker; Family Dispute Resolution: “Pro bono mediation and the Federal Circuit Court of Australia in Brisbane: Lessons learned” – Donna Cooper; and Recent Cases: Salah v Salah; Oswald v Karrington; and Lindsey v Christie.
The Family Law Review is pleased to congratulate Editorial Board member Dr Anna Parker on completing her doctorate and joining the Victorian Bar. Anna’s latest contribution to the journal, “Comparable Cases and the Section 79 Discretion” (2016) 6 Fam L Rev 127, co-authored with Paul Glass, Barrister, Victorian Bar, considers the relevance of previously decided cases ...more
The Family Law Review journal is pleased to welcome two new members to the Editorial Board. Welcome Dr Bridget Cullen Dr Bridget Cullen joins the Family Law Review in the role of Contributing Editor, focusing on the area of Practice and Procedure. In her first contribution to the journal “Forensic restraint by family lawyers – not ...more
The latest Part of the Family Law Review includes the following material: “Children’s rights to culture in Australia: How FDR mediation can support these rights” – Mieke Brandon and Beth Dababneh; “Restraining legal practitioners” – Michael Kearney SC; “Superannuation splitting and family law” – Anne-Marie Rice and Joseph Box; Professional Insights: “Ethical obligations and duties in family law” – Chris Gunson SC; Child Support: “The doctrine of set off and child support” – Simon Bacon; Property and Financial Arrangements: “Comparable cases and the section 79 discretion” – Paul Glass and Anna Parker; Practice and Procedure: “Forensic restraint by family lawyers – not an optional extra” – Bridget Cullen; In the High Court: “Spousal maintenance and ‘financial resources’: Hall v Hall” – Olivia Rundle; and Recent Cases: Grier v Malphas; Bondelmonte v Bondelmonte; and Faukland v Shikia.
The latest Part of the Family Law Review includes the following material: an Editorial piece on the retirement of Dr Anthony Dickey QC as co-General Editor of the Journal; “Propagating principles for property matters in an arid landscape: A mirage or oasis?” – Brendan Ashdown; “Financial (dis)agreements: A critical appraisal of the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015” – Genevieve Smit; Children and Parenting: “Expert reports” – Felicity Bell; Child Support: “The fog of overseas child support” – Simon Bacon; and Recent Cases: Saintclaire v Saintclaire; Commonwealth Central Authority v Cavanaugh; Child Support Registrar v Higgins; Child Support Registrar v Scullin (SSAT Appeal); and Slocomb v Hedgewood.