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- Title
Family Law in Australia.
- Authors
Nicholson, Alastair
- Abstract
The article discusses legalities of family-related disputes in Australia. The legal regulation of family related disputes in Australia is as complex, fluid and confusing as is family life itself. It is also as heavily influenced by constitutional law and political decisions as by the substantive law and the case law which interprets it. What constitutes family law for particular purposes is dependent on that strange creature federalism, and the century-old constitution which established it, rather than on any popular understanding or acceptance of the term. It is not surprising that the roles of the many and varied Federal and State courts, tribunals and agencies which struggle to deal with difficult issues such as child abduction and abuse, family violence, and child and spousal maintenance remain a mystery to the many families most affected by the legislation these forums deal with. Attempting to explain the Australian system to those operating outside it inevitably produces a considerable amount of bewilderment and incredulity. Australia has a specialist Family Court but, as this article explains, its powers do not extend to a number of areas which many would agree fall within the ambit of family law.
- Subjects
AUSTRALIA; DOMESTIC relations; FAMILY law courts; MARRIAGE law; STATE courts; JUDICIAL power
- Publication
Family Matters, 2000, Issue 55, p22
- ISSN
1030-2646
- Publication type
Article