International Family Law
The latest Part of the Family Law Review includes the following material: “Can Part VII of the Family Law Act do what is asked of it?” – Helen Rhoades, John Dewar and Nareeda Lewers; “A national approach to manage vexatious litigation: New powers under the Family Law Act” – Robert Benjamin; and “Do members of a class of beneficiaries of a discretionary trust have a “right” to documents which can be enforced in the Family Court?” – Richard Ingleby. There is also an International Family Law section and a Recent Cases section with notes on the following cases: SCVG v KLD (Shared parental responsibility – Equal or substantial and significant time); Gludau v Gludau; Gludau v Gludau (No 2) (Property – Wrong assessment of contributions – Restitution); Langer v Griffin (Property – Contravention order – Prison sentence).
The latest Part of the Family Law Review includes two articles and several section notes of interest. The first article is by Dr Adiva Sifris and Anna Parker which examines the reforms to the Family Law Act 1975 introduced by the Family Law Amendment (Family Violence and other Measures Act) 2011 (Cth) and argues that further reform is needed. The second article comes from Brendan Ashdown and looks at the test for legal capacity and the involvement of case guardians. Also in this Part is a Child Support Update from the Department of Human Services, and note about International Family Law and reports on four recent cases: Bevan v Bevan (Property – Consideration of Stanford); Kane v Kane (Property – “Special considerations”); Burton v Churchin (Children – Parties who are not parents); and Norton v Locke (De facto relationship – Threshold issue of jurisdictional fact).
The latest Part of the Family Law Review includes two interesting articles and several section notes. The first article comes from Michael Nicholls QC and describes the rules about jurisdiction, applicable law, recognition and enforcement in the 1996 Hague Child Protection Convention and the effect of them on cases in Australia. The second article is by David Fryer who assesses a parent’s ability to protract proceedings within family law litigation by knowingly making a false allegation of sexual abuse against the other parent. There is also an International Family Law section about surrogacy in California, a book review comments on the following recent cases: Roda v Roda, Craig v Rowlands, Valentine v Lacerra, Wilson v Wilson.
The latest Part of the Family Law Review publishes an article by Danielle Bozin-Odhiambo which critiques the usefulness of habitual residence as the sole connecting factor in Hague Convention child abduction cases. There are also two notes in Professional Insights, a Child Support Update, an International Family Law section, two notes regarding cases before the High Court and a Recent Cases section. Something for everyone!
The final Part of Volume 2 of the Family Law Review publishes an article by Michelle Fernando that argues the need for guidelines to be promulgated by the Family Law Courts that give direction to judges on how to meet with children who are the subject of parenting disputes and an article by Danielle Jaku-Greenfield that discusses importance of clear protocols for cooperation between family relationship service providers and family lawyers. Also in this Part are a Family Dispute Resolution, International Family Law and Recent Cases sections.
The latest Part of the Family Law Review contains the usual interesting mix of articles and sections covering a wide range of topics including admissions made in the context of financial proceedings, eligibility criteria for assisted reproductive treatment, common intention constructive trusts in the context of the family home, de facto financial claims, child support, family dispute resolution, parenting disputes and much more!
The first Part of Volume 2 of Family Law Review opens with an Editorial and a Tribute to Ray Watson, followed by articles on the history of the Family Law Act and the Family Court and the therapeutic justice origins of the Family Court. There is also a range of sections including Child Support Update, Family Dispute Resolution, International Family Law and Recent Cases.
The October issue of Family Law Review promises an interesting mix of material on various aspects of family law. It includes an article that looks at the changes to surrogacy laws and compares the State surrogacy regimes in Australia. The Family Dispute Resolution section discusses how to work effectively with Family Relationship Centres and the International Family Law section examines protection from forced and servile marriages. There is also a book review and several case notes on recent family law cases.
The June 2011 issue of Family Law Review contains several interesting pieces about various aspects of family law, including Professional Insights, Recent Cases and International Family Law. There is also an article about collaborative law in Australia, with particular reference to family lawyers in the ACT.