News from the Family Court
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March 1995
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Abstract
This article reports on recent developments in family law. The author begins by discussing the Report of the Parliamentary Joint Select Committee which examined the operation and effectiveness of the Child Support Scheme, released in 1994. The Inquiry focused mainly on issues relating to the administration of the Scheme by the Child Support Agency and formula issues. Research into the costs of children is discussed. Proposed reforms to the Family Law Act include the presumption of equal contribution to the marriage, the emphasis on pre-nuptial contracts, and the failure to itemise violence as a relevant factor when considering how property may be allocated between parties. Next the author looks at the Australian Law Reform Commission's inquiry into parent-child contract and the Family Court. The significance of the United Nations Convention on the Rights of the Child to Australian law is discussed in relation to a recent decision of the High Court in the matter of Minister of State for Immigration and Ethnic Affairs and Ah Hin Teoh. Finally, the author comments on the recent decision of Mitchell which provides 'an interesting commentary on the potentially significant role of relevant research findings in financial disputes'.
This article reports on recent developments in family law. The author begins by discussing the Report of the Parliamentary Joint Select Committee which examined the operation and effectiveness of the Child Support Scheme, released in 1994. The Inquiry focused mainly on issues relating to the administration of the Scheme by the Child Support Agency and formula issues. Research into the costs of children is discussed. Proposed reforms to the Family Law Act include the presumption of equal contribution to the marriage, the emphasis on pre-nuptial contracts, and the failure to itemise violence as a relevant factor when considering how property may be allocated between parties. Next the author looks at the Australian Law Reform Commission's inquiry into parent-child contract and the Family Court. The significance of the United Nations Convention on the Rights of the Child to Australian law is discussed in relation to a recent decision of the High Court in the matter of Minister of State for Immigration and Ethnic Affairs and Ah Hin Teoh. Finally, the author comments on the recent decision of Mitchell which provides 'an interesting commentary on the potentially significant role of relevant research findings in financial disputes'.