*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
The latest issue of the Family Law Review<\/em> (Volume 4 Part 2) contains the following material:<\/p>\n Applying the s 75(2) factors to the division of family property: A principled approach <\/b><\/em><\/a>\u00e2\u20ac\u201c <\/i>Patrick Parkinson<\/p>\n This article examines the justification for altering property interests by application of the s 75(2) factors in the light of the constitutional basis for the alteration of property rights. The s 75(2) factors are not at large. The Family Law Act <\/i>needs to be read down to take account of that constitutional context. A disparity in income between the parties, or poor health unconnected to the circumstances of the marriage are not, in themselves, sufficient reasons to alter property interests. It must be shown that a s 75(2) adjustment is required to address circumstances arising out of the marital relationship \u00e2\u20ac\u201c in particular the economic consequences of role division \u00e2\u20ac\u201c or to help a party manage the transition from sharing in the combined marital resources to a lower standard of living as a single person. The article concludes by considering some practical implications for lawyers in preparing cases where the s 75(2) factors are likely to be a significant issue.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Legal capacity and case guardians \u00e2\u20ac\u201c Part 2: The institution of proceedings and appointment of case guardians <\/b><\/em><\/a>\u00e2\u20ac\u201c <\/i>Brendan Ashdown<\/p>\n The question of whether a person lacks legal capacity arises at various junctures within the law, one being a person\u00e2\u20ac\u2122s capacity to engage in legal proceedings. This was discussed in an earlier article by the author which appeared in Family Law Review<\/i>, Volume 4\/1. In this article the author now considers the impact of legal capacity on the invoking of the court\u00e2\u20ac\u2122s jurisdiction through service of originating process, and the requirements for the appointment of a case guardian. The court\u00e2\u20ac\u2122s power to subsequently conduct, and determine, such legal proceedings arising from the procedural rules of court, the principles of natural justice and procedural fairness is examined.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n FAMILY DISPUTE RESOLUTION<\/a> \u00e2\u20ac\u201c Linda Kochanski<\/i><\/p>\n INTERNATIONAL FAMILY LAW<\/a> \u00e2\u20ac\u201c Judge Alexandra Harland<\/i><\/p>\n RECENT CASES<\/a> \u00e2\u20ac\u201c Judge Geoffrey Monahan (Ed) <\/i>\u00e2\u20ac\u201c Olivia Rundle <\/i>\u00e2\u20ac\u201c Michelle Fernando<\/i><\/p>\n For the pdf version of the table of contents, click here:\u00c2\u00a0WAU – Fam L Rev Vol 4 Pt 2 Contents<\/a>.<\/p>\nArticles<\/h3>\n
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