Family law legislation

The latest material added to the Australian Institute of Family Studies library database is displayed, up to a maximum of 30 items. Where available online, a link to the document is provided. Many items can be borrowed from the Institute's library via the Interlibrary loan system.

See more resources on Family law legislation in the AIFS library catalogue

Australian master family law guide.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2019.
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. Sections include: children; property; financial agreements; financial support for children; de facto relationships; and court processes, evidence and costs - all updated to reflect amendments and case law interpretations since the 2017 edition. Chapters include: Commonwealth, states, family law legislation and courts; Legal practice matters: client interview and drafting affidavits; Divorce; Shared parental responsibility; Dispute resolution and family relationship centres; Parenting orders, plans and guidelines; Principles the court must consider when conducting child-related proceedings; Major long-term issues (including paternity testing, changing a child's name, and relocation); Child abduction; Order enforcement and non-compliance in children's cases; Children and relationship factors (including drug use, family violence and child abuse, parental alienation syndrome); Surrogacy; Property; Maintenance; Bankruptcy and third parties; Corporations and trusts; Taxation considerations; Property orders; Superannuation; Financial agreements; Child support and maintenance; De facto relationships; Evidence; Court procedure; and Costs.

Australian Family Law Act 1975 with regulations and rules : current as at 22 March 2018.

CCH Australia Limited
Sydney, NSW : CCH Australia, Wolters Kluwer, 2019.
This book provides a full consolidation of the Family Law Act 1975, incorporating all amendments up to 22 March 2018, together with the Family Law Rules 2004, Family Law Regulations 1984, and the Federal Circuit Court Rules 2001. Since the last edition, various amendments have been made to wording, numbering, and to the Rules: more substantial changes have been made through redefining marriage to include same-sex couples and the increase in the ability of the courts to make family violence orders through the Family Law Amendment (Family Violence & Other Measures) Act.

Compliance with parenting orders : a modest proposal to re-draft Division 13A of Part VII.

Chisholm R
Australian Family Lawyer v. 27 no. 2 Oct 2018: 19-34
This article proposes a revision to how the law deals with contravention of parenting orders, that is, Division 13A of Part VII of the Family Law Act. The author suggests that it is better to 'nudge' families into cooperative post-order parenting rather than force compliance. The article outlines the history of Division 13A and its main themes and underlying policy decisions, then sets out the case for a re-draft and what the amendments should be. The author holds that the drafting style of the present legislation was no doubt intended to minimise uncertainties and ambiguities, but it has done so in a way that is difficult to understand and apply in practice.

Family Law Act 1975

Australia
Canberra : Federal Register of Legislation, 2018.
This website presents the latest version of the Family Law Act 1975. This Act relates to marriage, divorce, cohabitation, parental responsibility for children, and to financial matters arising out of the breakdown of de facto relationships. This edition incorporates all amendments to 1 January 2018, including amendments up to Act No. 129, 2017.

The family in law.

Parashar A and Dominello F
Cambridge, UK : Cambridge University Press, 2017.
This text book provides an analysis of current family law in Australia, with reference to sociological, historical, and economic views of the institution of family and the law's focus on the nuclear family as the default model. Chapters are: Studying family law; Family law and its institutions; Marriage and marriage-like relationships; Divorce and violence in family law; Financial relations; Spousal maintenance; Private ordering of financial relations; Children in family law: child-related disputes under the Family Law Act; Children in court proceedings; Child maintenance and support and the wider social context of Australian family law; Family regulation: abortion and child protection; and Children and family formation: adoption and reproductive technologies.

Australian Family Law Act 1975 with regulations and rules : current as at 1 September 2017.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2017.
This book provides a full consolidation of the Family Law Act 1975, incorporating all amendments up to 1 September 2017, together with the Family Law Rules 2004, Family Law Regulations 1984, and the full Federal Circuit Court Rules 2001. Though there have been no major amendments to the law over the last year, there have been changes to the Rules relating to subpoenas and amendments regarding the structure and administration of the Family Court.

Australian master family law guide.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2017.
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. Sections include: children; property; financial agreements; financial support for children; de facto relationships; and court processes, evidence and costs - all updated to reflect amendments and case law interpretations since the 2015 edition. Chapters include: Commonwealth, states, family law legislation and courts; Legal practice matters: client interview and drafting affidavits; Divorce; Shared parental responsibility; Dispute resolution and family relationship centres; Parenting orders, plans and guidelines; Principles the court must consider when conducting child-related proceedings; Major long-term issues; Child abduction; Order enforcement and non-compliance in children's cases; Children and relationship factors (including child abuse, drug use, family violence, parental alienation syndrome); Surrogacy; Property; Maintenance; Bankruptcy and third parties; Corporations and trusts; Taxation considerations; Property orders; Superannuation; Financial agreements; Child support and maintenance; De facto relationships; Evidence; Court procedure; and Costs.

Australian Family Law Act 1975 : with regulations and rules : consolidated to 1 August 2016.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2016.
This book provides a full consolidation of the Family Law Act 1975, incorporating all amendments up to 1 August 2016, together with the Family Law Rules 2004, Family Law Regulations 1984, and the full Federal Circuit Court Rules 2001. Since the last edition, the Family Law Rules were amended to address surrogacy arrangements: but note, the amendments of the Family Law Amendment (Financial Agreements & Other Measures) Bill 2015 have been stalled as of time of printing and so are not included.

Family law principles.

Harland A, Cooper D, Rathus Z and Alexander R
Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia, 2015.
This text book on family law focuses on issues of practice. Chapters include: the many meanings of family and family law; family court and jurisdictions; marriage, nullity and divorce; the family law dispute resolution system; legislative obligations in family dispute resolution; violence in the family; parenthood, parentage an parental responsibility; children and the family law act; relocation of children; family violence and child abuse in parenting cases; expert evidence and the role of social science in family law; alteration of property interests; advanced property topics; financial aspects of de facto and other formalised relationships; maintenance; financial support for children: child maintenance and child support; family lawyers: ethics and values; international family law issues; Hague Convention on Civil Aspects of International Child Abduction.

Australian family law in context : commentary and materials.

Parkinson P
Pyrmont, N.S.W. : Thomson Reuters (Professional) Australia, 2015.
This text book for law students examines the operation of family law in Australia. Featuring notes and questions for discussion, it examines the context of families and family law, the resolution of family disputes, the formation and dissolution of marriage, economic aspects of relationship breakdown, and children in family law.

Order enforcement and non-compliance in children's cases.

Keough W
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 239-278
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. Division 13A of the Family Law Act, dealing with the consequences of failure to comply with court orders, was significantly revised by the Family Law Amendment (Shared Parental Responsibility) Act 2006 in relation to orders affecting children. This chapter explains the distinction between non compliance in general civil law and in family law in relation to orders affecting children. It sets out the new compliance regime and the court's response to the contravention and enforcement of orders affecting children.

Major long-term issues.

Rice A
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 167-180
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. The Family Law Amendment (Shared Parental Responsibility) Act 2006 introduced the concept of major long term issues in matters relating to children. These are, in relation to a child, issues about the care, welfare and development of the child that are of a long-term nature such as education, health and living arrangements. This chapter discusses paternity testing and changing a child's name, including a checklist for practitioners when changing the name of a child. The difficult subject of relocation is also covered.

Principles the court must consider when conducting child-related proceedings.

Williams K
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 147-166
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. One important objective of the Family Law Amendment (Shared Parental Responsibility) Act 2006 is to facilitate the implementation of the 'best interests of the child' principle in decisions made by the courts. The Act established two primary considerations: that children benefit from a meaningful relationship with both parents; and, the need to protect children from physical or psychological harm. The chapter begins with a historical background to family law. It continues with an outline of the five principles for conducting child-related proceedings which are: Principle 1 - consider the child's needs and impact of proceedings; Principle 2 - court must actively direct, control and manage conduct of proceedings; Principle 3 - safeguard against family violence, abuse and neglect; Principle 4 - promote cooperative and child-focused parenting; Principle 5 - reduce delays, formality, legal technicality and form.

Dispute resolution and family relationship centres.

Rice A
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 105-119
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. The Family Law Amendment (Shared Parental Responsibility) Act 2006 has replaced the definitions in the Family Law Act 1975 concerned with dispute resolution, counselling and mediation with the concepts of family counselling, family counsellor, family consultant, family dispute resolution and family dispute resolution practitioner. This chapter explains the concepts and discusses the changes in arbitration and collaborative law resulting from the Amendment legislation. After first defining family counsellors, it discusses the procedure of primary dispute resolution and what practitioners must do in the process. This is followed by a practitioners' checklist for pre-action procedures for parenting applications. Other sections in the chapter include family consultants; obligations on legal practitioners; courts' powers and obligations in relation to counselling and dispute resolution; family relationship centres and family advice line; family relationship advice line; arbitration; and collaborative practice.

Shared parental responsibility.

Rice A
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 85-104
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. The Family Law Amendment (Shared Parental Responsibility) Act 2006 brought about significant changes in the way in which courts with jurisdiction under the Family Law Act determine disputes relating to children. This chapter explains the objects of and principles underlying Part VII of the Family Law Act, the concept of parental responsibility, equal shared parental responsibility, the significance of a shared parenting order, major long term issues relating to shared parental responsibility orders, and the approach in interim hearings.

Commonwealth, states, family law legislation and courts.

Fogarty J and Minnery S
Australian master family law guide. 7th ed. Sydney : CCH Australia, 2015. 9781925091281: 3-32
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. This chapter explains the various federal and non federal jurisdictions and legislation through which family law in Australia is administered. After listing Acts that have application to family law, the chapter looks at the constitutional background to family legislation and courts.

Australian master family law guide.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2015.
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. Sections include: children; property; financial agreements; financial support for children; de facto relationships; and court processes, evidence and costs - all updated to reflect amendments and case law interpretations since the 2013 edition. Chapters include: Commonwealth, states, family law legislation and courts; Legal practice matters: client interview and drafting affidavits; Divorce; Shared parental responsibility; Dispute resolution and family relationship centres; Parenting orders, plans and guidelines; Principles the court must consider when conducting child-related proceedings; Major long-term issues; Child abduction; Order enforcement and non-compliance in children's cases; Children and relationship factors (including child abuse, drug use, family violence, parental alienation syndrome); Property; Maintenance; Bankruptcy and third parties; Corporations and trusts; Taxation considerations; Property orders; Superannuation; Financial agreements; Child support and maintenance; De facto relationships; Evidence; Court procedure; and Costs.

Australian Family Law Act 1975 : with regulations and rules : consolidated to 15 March 2015.

CCH Australia Limited
Sydney, NSW : CCH Australia, 2015.
This book provides a full consolidation of the Family Law Act 1975, incorporating all amendments up to 15 March 2015, together with the Family Law Rules 2004, Family Law Regulations 1984, and extracts from the Federal Magistrates Court Rules 2001. Since the last edition, major changes have occurred to the sets of rules, regarding family violence orders, family reports, and the new the Notice of Risk and Notice of Child Abuse, Family Violence or Risk of Family Violence.

Australian family law : the contemporary context

Fehlberg B, Kaspiew R, Millbank J, Behrens J and Kelly F
South Melbourne, Vic. : Oxford University Press, 2015.
This text book aims to encourage critical thinking and a wide understanding of family law in Australia today. Chapters include: structural fragmentation: the constitutional framework; mechanics of fragmentation: the jurisdictional framework; the legal recognition of family relationships; family violence; introduction to parenting disputes; processes for resolving parenting disputes; legal framework for resolving parenting disputes; specific issues in parenting disputes; introduction to financial disputes; child support; processes for resolving property disputes; legal framework for resolving property disputes; specific issues in property disputes; and maintenance for spouses and de facto partners.

Family law.

Dickey A
Pyrmont, N.S.W. : Lawbook Co., 2014.
This textbook presents a comprehensive analysis of the rules of family law in Australia, including their historical development and principles. This sixth edition has been updated to reflect recent changes in family law, and features chapters on: the Family Law Act and the family court; Marriage, nullity and divorce; Children; Maintenance; Property; Financial agreements; and Injunctions.

Can Part VII of the Family Law Act do what is asked of it?

Rhoades H, Dewar J and Lewers N
Family Law Review v. 4 no. 3 Oct 2014: 150-169
This article explores the capacity for legislation governing children's post-separation care to perform the multiple functions envisaged for it, and asks whether it is possible for a single legislative framework to "speak to" multiple audiences, including separating parents and the family law system's different professional communities. Its analysis draws on a recent empirical study which examined the relationships between Pt VII of the Family Law Act 1975 (Cth) and the day-to-day work of lawyers, judges and family dispute resolution practitioners.

Order enforcement and non-compliance in children's cases.

Keough W
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 237-276
Division 13A of the Family Law Act, dealing with the consequences of failure to comply with court orders, was significantly revised by the Family Law Amendment (Shared Parental Responsibility) Act 2006 in relation to orders affecting children. This chapter explains the distinction between non compliance in general civil law and in family law in relation to orders affecting children. It sets out the new compliance regime and the court's response to the contravention and enforcement of orders affecting children.

Major long-term issues.

Rice A
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 165-177
The Family Law Amendment (Shared Parental Responsibility) Act 2006 introduced the concept of major long term issues in matters relating to children. These are, in relation to a child, issues about the care, welfare and development of the child that are of a long-term nature such as education, health and living arrangements. This chapter discusses paternity testing and changing a child's name, including a checklist for practitioners when changing the name of a child. The difficult subject of relocation is also covered.

Principles the court must consider when conducting child-related proceedings.

Williams K
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 145-164
One important objective of the Family Law Amendment (Shared Parental Responsibility) Act 2006 is to facilitate the implementation of the 'best interests of the child' principle in decisions made by the courts. The Act established two primary considerations: that children benefit from a meaningful relationship with both parents; and, the need to protect children from physical or psychological harm. The chapter begins with a historical background to family law. It continues with an outline of the five principles for conducting child-related proceedings which are: Principle 1 - consider the child's needs and impact of proceedings; Principle 2 - court must actively direct, control and manage conduct of proceedings; Principle 3 - safeguard against family violence, abuse and neglect; Principle 4 - promote cooperative and child-focused parenting; Principle 5 - reduce delays, formality, legal technicality and form.

Dispute resolution and family relationship centres.

Rice A
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 105-118
The Family Law Amendment (Shared Parental Responsibility) Act 2006 has replaced the definitions in the Family Law Act 1975 concerned with dispute resolution, counselling and mediation with the concepts of family counselling, family counsellor, family consultant, family dispute resolution and family dispute resolution practitioner. This chapter explains the concepts and discusses the changes in arbitration and collaborative law resulting from the Amendment legislation. After first defining family counsellors, it discusses the procedure of primary dispute resolution and what practitioners must do in the process. This is followed by a practitioners' checklist for pre-action procedures for parenting applications. Other sections in the chapter include family consultants; obligations on legal practitioners; courts' powers and obligations in relation to counselling and dispute resolution; family relationship centres and family advice line; family relationship advice line; arbitration; and collaborative law.

Shared parental responsibility.

Rice A
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 85-103
The Family Law Amendment (Shared Parental Responsibility) Act 2006 brought about significant changes in the way in which courts with jurisdiction under the Family Law Act determine disputes relating to children. This chapter explains the objects of and principles underlying Part VII of the Family Law Act, the concept of parental responsibility, equal shared parental responsibility, the significance of a shared parenting order, major long term issues relating to shared parental responsibility orders, and the approach in interim hearings.

Commonwealth, states, family law legislation and courts.

Fogarty J
Australian master family law guide. 6th ed. Sydney : CCH Australia, 2013. 9781922042996: 3-31
Family law in Australia is enshrined in a complex range of legislation and legislative powers. To obtain the full picture it is necessary to look at the Constitution, a number of statutes and a number of courts, both federal and state. This chapter explains the various federal and non federal jurisdictions and legislation through which family law in Australia is administered. After listing Acts that have application to family law, the chapter looks at the constitutional background to family legislation and courts. It then goes on to discuss the Family Law Act 1975, the Corporations Act 2001 and the Marriage Act 1961. There are further sections on child support; Australian Passports Act 2005; Bankruptcy Act 1966; adoption; child protection; domestic violence; family provision; de facto property and maintenance; Family Court of Western Australia; Federal Magistrates Court; Supreme Courts of the states and territories; Courts of summary jurisdiction. The chapter concludes with a summary of the jurisdiction of each court.

Australian master family law guide.

CCH Australia Limited
North Ryde, NSW : CCH Australia, 2013.
Written for lawyers, counsellors, finance industry professionals, and students, this reference guide explains legislation, relevant case law, and legal procedures in Australian family law. Sections include: children; property; financial agreements; financial support for children; de facto relationships; and court processes, evidence and costs - all updated to reflect amendments and case law interpretations since the 2012 edition. Chapters include: Commonwealth, states, family law legislation and courts, by John Fogarty; Legal practice matters: client interview and drafting affidavits, by Genevieve Dee; Divorce, by Louise Hennessy; Shared parental responsibility, by Anne-Marie Rice; Dispute resolution and family relationship centres, by Anne-Marie Rice; Parenting orders, plans and guidelines, by Anne-Marie Rice; Principles the court must consider when conducting child-related proceedings, by Karen Williams; Major long-term issues, by Anne-Marie Rice; Child abduction, by Anne-Marie Rice; Order enforcement and non-compliance in children's cases, by William Keough; Children and relationship factors (including child abuse, drug use, family violence, parental alienation syndrome), by Renata Alexander; Property, by Jacqueline Campbell and Grant T Riethmuller; Maintenance, by Jacqueline Campbell; Bankruptcy and third parties, by Stephen Mullette; Corporations and trusts, by Louise Hennessy, updated by Sarah Minnery; Taxation considerations; Property orders, by Chris Othen; Superannuation, by Jacqueline Campbell; Financial agreements, by Jacqueline Campbell; Child support and maintenance, by Grant T Riethmuller and Kay Feeney; De facto relationships; Evidence, by Genevieve Dee; Court procedure, by Chris Othen; and Costs, by Suzanne Dowey, updated by Peter Trimbos.

Australian Family Law Act 1975 : with regulations and rules : consolidated to 1 September 2013.

CCH Australia Limited
North Ryde, NSW : CCH Australia, 2013.
This book provides a full consolidation of the Family Law Act 1975, incorporating all amendments up to 1 September 2013, together with the Family Law Rules 2004, Family Law Regulations 1984, and extracts from the Federal Magistrates Court Rules 2001. Since, the last edition, the Federal Magistrates Court of Australia was renamed the Federal Circuit Court, resulting in numerous but minor changes to the text of the Act.

Australia: the certain uncertainty

Bates F
Sutherland, Elaine, ed. The future of child and family law : international predictions. Cambridge : Cambridge University Press, 2012. 9781107006805: 47-76
This book reviews the current state, historical drivers, and future directions of family law in thirteen countries. This chapter focuses on the situation in Australia. It discusses issues in the areas of defining and classifying children, recognising parentage, intra-family disputes, child protection, and forming and terminating adult intimate relationships. The Family Law Act has been frequently and significantly amended over the years since its inception in 1975, with legislative specificity steadily eroding away judicial discretion. The chapter concludes that the only certainty for the future is continuing uncertainty.
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