- Title
- Blunting the sword of Solomon: Australian family law in 2006
- Creator
- Bates, Frank
- Relation
- The International Survey of Family Law p. 21-59
- Relation
- http://www.jordanpublishing.co.uk/publications/family-law
- Publisher
- Family Law
- Resource Type
- book chapter
- Date
- 2008
- Description
- The major legislative development which occurred in 2006 was the Family Law Amendment (Shared Parental Responsibility) Act 2006 this provision which takes the amendments of 1995 stages further, and for which considerable governmental claims have been made, seeks to emphasise the continuing involvement of parents in the development of their children regardless of familial context. Although the aim might appear laudable, it may also be that administrative problems may arise which could smother the legislation in litigation brought, in particular, by dissatisfied fathers. Like so much 2006 development, the future is far from clear. Although this Act has dominated much thought during the year in question, there has been some interesting case law in the areas of parent and child, finance and property and procedure. In the first, issues relating to child abuse, relocation and maintenance of adult children have arisen. In respect of finance and property, the case law has been largely concerned with third parties rights, bankruptcy and superannuation where there has been statutory reform. As regards the last, courts have been concerned with the relationship between the reforms and existing legislation. In the area of procedure, there have been interesting developments in relation to the utility of rehearings, court orders and valuation. All in all, the process continues!
- Description
- 2008 ed.
- Subject
- Family Law Act; Law Reform Act; Federal Court of Australia; case-law
- Identifier
- uon:6747
- Identifier
- http://hdl.handle.net/1959.13/804847
- Identifier
- ISBN:9781846611162
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