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- Title
ESTABLISHMENT OF THE Family Court of Australia.
- Authors
Fogarty, John
- Abstract
This article focuses on the formation and history of establishment of family court in Australia. The 25th anniversary is an event of great significance to the Family Court of Australia, a Court that was conceived almost as an afterthought, had a difficult gestation and birth, and survived a troubled infancy. Over the centuries leading up to 1857 the ecclesiastical courts in England had acquired complete jurisdiction over matrimonial causes, but for relevant purposes its jurisdiction was confined to decrees of nullity. In Australian Colonies ecclesiastical courts did not exist. Only one petition to parliament for divorce was ever lodged on behalf of the wife. The Act of divorce was passed on this petition by the New South Wales Parliament but was not given royal assent. Both before and subsequent to 1857, the Colonies had also enacted maintenance legislation. This dealt with the maintenance of a deserted wife or children in a non-divorce setting. By the end of the 19th century each Colony had also enacted child protection legislation, a jurisdiction exercised by courts of petty sessions or children's courts.
- Subjects
AUSTRALIA; FAMILY law courts; JURISDICTION; DIVORCE; COLONIES; ACT of state; CHILD welfare
- Publication
Family Matters, 2001, Issue 60, p90
- ISSN
1030-2646
- Publication type
Article