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This article examines the Commonwealth Family Law Amendment Bill 1981 and considers the extent to which some of the proposed reforms will affect family law in Australia.
The community tends to assume that, because a body of law known as ‘family law’ exists, it is based on cohesive and consistent principles which apply uniformly and without discrimination to all children and their families throughout Australia. It is further assumed that the law enables children...
Because the counselling provisions of the Family Law Act are such significant innovations with far‐reaching consequences, their periodic evaluation is mandatory. Drawing on the experience of the author in a custody case, the paper provides an analytic and sociological interpretation of the...
This is a paper about some of my experiences as a consumer of the Family Law Act, 1975. I decided to write about these experiences because few other consumers have done so. The literature in this area is dominated by the experts — the lawyers, the court counsellors, the social scientists. There...
Although the Family Law Act recognizes the contribution of a marriage partner as homemaker and parent, in practice, such contributions are often not recognized as equal to those made by paid workers when property is divided on divorce. Because a woman's earning capacity is usually diminished by...
The introduction in Australia of a system based on community of property in marriage would probably disadvantage women rather than be of benefit to them. Clearly, however, the present discretionary system of property distribution on divorce is in need of reform. This paper argues that reform can...
The recent changes in the nature of marriage, and the popularity of alternative relationships, diminish the ‘special’ status of marriage. Existing and proposed methods of allocating property upon divorce fail to take into account structural gender inequalities. The laws relating to property...
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