Family law

Dedication
Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
	1 The Evolving Face of the Family
		Criticisms of Australia's position on human rights
		The family reflected in international human rights instruments
		International Day of Families
		Human rights in Australian states
		Defining the family
		Functions of the family
	2 Constitutional and Jurisdictional Issues of Family Law
		Incidental powers
		The High Court as an interpreter of the Commonwealth Constitution
		Interpretation of the divorce and matrimonial causes, and marriage powers, by the High Court
		The second limb of s 51(xxii)
		The marriage power
		States' referral of family law powers to the Commonwealth
		A further referral of states' power — de facto financial matters and other measures
		Cross-vesting of jurisdiction
		Courts exercising jurisdiction under the Family Law Act
		Background to the Family Law Act and the Family Court of Australia
		The Federal Circuit Court (previously known as the Federal Magistrates Court)
		The Family Court of Western Australia
	3 Marriage
		Same-sex marriage in Australia and elsewhere
		Legal definition of marriage
		Formalities of marriage in Australia
	4 Nullity and Divorce
		Nullity — a void marriage
		Divorce
		Requirements for a divorce order
		Granting of a divorce where there are children under 18 years
		When divorce order takes effect
	5 Children
		Objectives and principles of Pt VII of the FLA
		The Hague Convention on the Civil Aspects of International child Abduction
		Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of children
	6 Parental Responsibility and the Child Support Scheme
		Child support — a brief history
	7 Spousal Maintenance
		Overview of the legislation
		Principles relating to an order for spousal maintenance
		Care and control of a child of the marriage: s 72(a)
		The power of the Family Court to make orders for spousal maintenance
		Principles relating to an order for spousal maintenance
		Cessation of maintenance orders
		Variation of maintenance orders
	8 Distribution of Matrimonial Property
		Private agreements, consent orders and binding financial agreements regarding property and maintenance
		Who may make an application?
		Definition of property
		Declaration of interests in property: s 78
		Section 79 and the High Court decision in Stanford
		Alteration of property interests
		Ascertaining the property of the parties
		Valuation of property
		Assessment of contributions
		A section by section approach
	9 Financial Disputes Between De Facto Partners
		Couples in Australia
		Contrast between de jure and de facto relationships
		Overview of legislative schemes and factors relevant to property distribution
		Just and equitable
		Full and frank disclosure
		Wastage and the diminishing of the parties' assets
		Maintenance
		Superannuation
		Binding financial agreements
		Protection for creditors and trustees in bankruptcy
		Duty to end financial relations
		Trusts
	10 Violence within the Family
		Terminology
		Types of abuse
		Reasons for family violence
		The feminist perspective
		Consequences of violence within the family
		Legislative responses to violence
		The emergence of tort proceedings for domestic violence
Index