*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 3) contains the following material:<\/p>\n EDITORIAL<\/a><\/p>\n Can Part VII of the Family Law Act do what is asked of it? <\/i><\/b><\/a>\u00e2\u20ac\u201c Helen Rhoades, John Dewar and Nareeda Lewers<\/p>\n This article explores the capacity for legislation governing children\u00e2\u20ac\u2122s post-separation care to perform the multiple functions envisaged for it, and asks whether it is possible for a single legislative framework to \u00e2\u20ac\u0153speak to\u00e2\u20ac\u009d multiple audiences, including separating parents and the family law system\u00e2\u20ac\u2122s different professional communities. Its analysis draws on a recent empirical study which examined the relationships between Pt VII of the Family Law Act 1975 <\/i>(Cth) and the day-to-day work of lawyers, judges and family dispute resolution practitioners.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>. <\/i><\/b><\/p>\n A national approach to manage vexatious litigation: New powers under the Family Law Act <\/i><\/b><\/a>\u00e2\u20ac\u201c Robert Benjamin<\/p>\n This article examines the new model statutory jurisdiction and powers to deal with vexatious litigants under the Family Law Act 1975 <\/i>(Cth). The new model law and powers came into effect in June 2013 and reflect similar powers in the other federal courts and most State Supreme Courts. The new s 102Q of the Family Law Act <\/i>provides a different way to manage and control vexatious proceedings and has repealed much of the former vexatious litigant powers under s 118. The new provisions empower a court to make a range of orders from warnings to the draconian. Once a vexatious proceedings order is made it creates a mandatory statutory injunction to prevent the commencement of a proceeding without leave; and it provides a mandatory statutory stay if proceedings are commenced without leave. If a vexatious proceedings order is made against a person, there is a mandated statutory pathway for that person to seek leave to commence a proceeding.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>. <\/i><\/b><\/p>\n Do members of a class of beneficiaries of a discretionary trust have a \u00e2\u20ac\u0153right\u00e2\u20ac\u009d to documents which can be enforced in the Family Court? <\/i><\/b><\/a>\u00e2\u20ac\u201c Richard Ingleby<\/p>\n In complex property cases it is often the case that parents of spouses who control discretionary trusts are served with a subpoena by their child\u00e2\u20ac\u2122s partner to provide details of the assets of a trust of which their child is a member of the class of beneficiaries. Although there are references to the \u00e2\u20ac\u0153proprietary rights\u00e2\u20ac\u009d of a member of the class of beneficiaries, there is no clear answer in the law of trusts as to how such rights translate into an entitlement to documents. This article discusses how the tensions and ambiguities in relevant principles of trust law might impact on the resolution of a hearing in relation to a contested subpoena in the Family Court.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>. <\/i><\/b><\/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 Michelle Fernando <\/i>\u00e2\u20ac\u201c Olivia Rundle<\/i><\/p>\n For the pdf version of the table of contents, click here: WAU – Fam L Rev Vol 4 Pt 3 Contents<\/a>.<\/p>\n\n
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