Judge Alexandra Harland
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 the following articles: “Applying the s 75(2) factors to the division of family property: A principled approach” – Patrick Parkinson; and “Legal capacity and case guardians – Part 2: The institution of proceedings and appointment of case guardians” – Brendan Ashdown. Also in this Part are the following sections: Family Dispute Resolution: Face-to-face, telephone and online mediation: Advantages and disadvantages; International Family Law: Recognition of foreign marriages and divorces; Recent Cases: Commissioner of Taxation v Darling (Access to and use of documents on court file) and Bondelmonte v Bondelmonte (S 75(2) factors – Lack of reasons – Substantial injustice).
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.