Family law update
New legislative developments
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March 2000
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Abstract
This overview of new legislative developments in the family law area begins with an overview of the Federal Magistrates Service, also known as the Federal Magistrates Court, designed to deal with 'less complex' family law (and other federal law) disputes. Next, the author discusses the Family Law Amendment Bill, with a focus on enforcement of parenting orders, and financial agreements. Some of the responses to the Bill by the Senate Legal and Constitutional Legislation Committee are reported. Finally, the author examines the area of property reform, discussing announcements made by the Federal Attorney-General in October 1999 on the outcome of consultations on the government's 1999 discussion paper, 'Property and family law: options for change'. Proposed changes to the property provisions of the Family Law Act are discussed, as are draft legislation to permit the division of superannuation following marital breakdown, and the announcement by the Attorney-General that he is keen to pursue a reference of power from the states to the Commonwealth in relation to de facto couple property disputes.
This overview of new legislative developments in the family law area begins with an overview of the Federal Magistrates Service, also known as the Federal Magistrates Court, designed to deal with 'less complex' family law (and other federal law) disputes. Next, the author discusses the Family Law Amendment Bill, with a focus on enforcement of parenting orders, and financial agreements. Some of the responses to the Bill by the Senate Legal and Constitutional Legislation Committee are reported. Finally, the author examines the area of property reform, discussing announcements made by the Federal Attorney-General in October 1999 on the outcome of consultations on the government's 1999 discussion paper, 'Property and family law: options for change'. Proposed changes to the property provisions of the Family Law Act are discussed, as are draft legislation to permit the division of superannuation following marital breakdown, and the announcement by the Attorney-General that he is keen to pursue a reference of power from the states to the Commonwealth in relation to de facto couple property disputes.