Australian Family Law in Context provides a contemporary and innovative examination of family law materials from a range of disciplines and a diversity of perspectives. All viewpoints that may be found in the legal literature on family law are represented in the book through extracts, notes and questions.
The sixth edition has been comprehensively revised and updated to take account of the latest developments in Australian family law. It includes issues about same-sex marriage, changes to the family courts, the implications of the High Court's decision in Stanford v Stanford for property division, and debates about the definition of family violence. The new edition also has the latest case law on the requirements for validity of binding financial agreements and on when an intimate partnership satisfies the definition of a de facto relationship, as well as new developments concerning parenting after separation.
Australian Family Law in Context contains extensive commentary and materials on:
The demographics of the family, including social science evidence on different family forms in Australia;
Dispute resolution, covering Family Relationship Centres, child-inclusive mediation, and the Child Responsive Model;
Family violence, covering typologies of violence, feminist perspectives on violence, and best practice guidelines for family lawyers on assisting victims of violence;
Third parties and family property;
Federal laws on the property of de facto couples;
The psychological evidence on what is best for children after parents separate; and
The application of Part VII of the Family Law Act to disputes concerning children.
Australian Family Law in Context: Commentary and Materials, 6th Edition remains the primary resource for law students and a major reference work for others interested in Family Law.
Table of Contents
Part 1. The Family in Context
What is Family?
Family Forms and Family Behaviours
Part 2. Family Law in Context
The Historical Context
The Theoretical Context
The Constitutional Context
Part 3. The Resolution of Family Disputes
The Family Courts
Dispute Resolution in Family Law
Family Lawyers and Professional Ethics
Part 4. The Formation and Dissolution of Marriage
Part 5. Economic Aspects of Relationship Breakdown
The Economic Context
Private Ordering of Property Distribution and Maintenance
Property under the Family Law Act
Discretion and Process in Matrimonial Property Disputes under the Family Law Act
Property and the Rights of Third Parties
De facto and Domestic Relationships: Powers under Statute
Part 6. Children in Family Law
Children's Rights and Best Interests
Children and Relationship Breakdown: The Psychological Context
Parenting Orders: General Principles
Children's Matters: Particular Kinds of Disputes