Families and Marriage Publications

The council provided a report on Australian Jewish and Islamic communities experiencing divorce difficulties that are superficially similar in consequence, but distinctly different in context, as a result of the differences between their respective cultural-community's divorce rules and those of the Australian family law system.

This letter of advice proposes a reform to Part VIII of the Family Law Act 1975 in order to direct courts exercising jurisdiction under the Act to have regard to the effects of family violence on the contributions of both parties in considering what orders should be made in property proceedings. The proposal reflects council’s concerns about the effect of the decision of the Full Court of the Family Court of Australia in the case of In the marriage of Kennon (1997) 22 Fam LR 1.

In this letter of advice council recommends that the Family Law Act 1975 not be amended in accordance with the ALRC Report 109 Recommendation.

The Family Law Council established its Child and Family Services Committee to examine the interaction between Commonwealth and state and territory child and family legislation.

This report examines the effects of unrepresented litigants on the family law system, including on the opponents of unrepresented litigants. The report makes a number of recommendations, aimed at providing better assistance to litigants who find themselves without representation and at reducing the impact of litigants in person on the family law system generally, and on the courts in particular.

The council, in cooperation with the National Alternative Dispute Resolution Advisory Council, looked into issues arising from parenting plans made under the Family Law Act 1975 including the continued need for section 63E of the Act.

The council provided comments on Commonwealth priorities and guidelines for legal assistance in respect of matters arising under Commonwealth law.

The council’s advice considers the principles and objects which should underpin the property provisions in Part VIII of the Family Law Act 1975.

Advice from the Family Law Council regarding the proposed transfer of the Family Relationships Services Programs (FRSP) from the former Attorney-General's portfolio to the new Family and Community Services portfolio.

In late 1994 the council discussed an examination of the general issue of family violence including the social, legal and historical impact of violence on families and how decisions of the Family Court should take violence in relationships into account.

The council provided a letter of advice which included the need for an Aboriginal mediator to be located in Alice Springs.

Council considered the Australian Law Reform Commission (ALRC) Issues Paper No 22 Review of the adversarial system of litigation: Rethinking family law proceedings (November 1997).

The council considered the effects of denial of a religious divorce on a party who has been divorced in the civil courts. The council concluded the problems as identified in the letter of advice, arise from the observance of religious practices and not from any shortcomings in the Family Law Act 1975.

The council is of the firm view that there is no single, simple solution to the various problems which it has identified. The approach in this report is to take the various types of problems individually and look for ways of overcoming each problem. At the same time, some underlying problems are also addressed and solutions offered.

The letter considers a range of issues relating to Primary Dispute Resolution services.

The council considered concerns about the operation of the Family Law Act 1975 in relation to step-parent adoptions.

This is an interim report on enforcement of Family Court orders and injunctions and penalties for non-compliance.

The council’s advice on the Commonwealth's Legal Aid Guidelines.

The council’s advice on proposed amendments to the Family Law Act 1975 relating to arbitration in family law.

In this report, the council considers issues relating to parental child abduction including criminal offences.