Family Law notes

Description

Notes compromised of all topics with special focus on property division and children order issues. Contains comprehensive case summary. Part One: FAMILY LAW AND FAMILY LIFE IN AUSTRALIA Part Two: MARRIAGE, DIVORCE AND OTHER RELATIONSHIPS 2. LAW AND THE REGULATION OF FAMILY RELATIONSHIPS (i) Constitutional Aspects of Family Regulation (ii) Dissolution of marriage Part Three: THE COURT SYSTEM AND DISPUTE RESOLUTION Part Four: DOMESTIC VIOLENCE Part Five: PROPERTY DIVISION AND INCOME SUPPORT ON RELATIONSHIP BREAKDOWN 5. THE ECONOMIC CONTEXT 6. PRIVATE ORDERING OF PROPERTY DIVISION AND MAINTENANCE (i) Means of Private Ordering (ii) Consent Orders Under (iii) Financial Agreements (iv) Mediation and arbitration in family property disputes 7. THE DEFINITION OF PROPERTY UNDER THE FAMILY LAW ACT (i) Assignability (ii) Financial Resources 8. DISCRETION UNDER SECTION 79 (i) Basic Methodology (ii) Presumptions and Guidelines (iii) The Homemaker Contribution and the Problem of Business Assets (iv) Pre-marriage Property (v) Gifts and Inheritances (vi) Windfalls (vii) Compensation for Injuries (viii) Relevance of Domestic Violence (ix) Long Service Leave and Redundancy Payments (xi) Section 75(2) Factors (xii) Losses and Wastage 9. SPOUSAL MAINTENANCE 10. CHILD SUPPORT Part Six: PARENTS AND CHILDREN 11. PARENTHOOD 12. THE EFFECTS OF RELATIONSHIP BREAKDOWN ON CHILDREN 13. PRIMARY DISPUTE RESOLUTION AND THE ROLE OF FAMILY RELATIONSHIP CENTRES (i) Counselling and mediation generally (ii) Family Relationship Centres (iii) Family Consultants (iv) Less adversarial trials 14. CHILDREN AND THE INDISSOLUBILITY OF PARENTHOOD (i) The Shared Parental Responsibility Legislation (ii) Equal Shared Parental Responsibility (iii) Parenting Orders 15. THE BEST INTERESTS OF THE CHILD (i) Determining the Best Interests of Children (ii) Principles for Making Decisions about Primary Residence (iii) Equal time? (iv) Relocation (v) The Role of the Independent Children’s Lawyer 16. PARENTING ORDERS AND CHILDREN’S SAFETY (i) Domestic Violence and physical abuse (ii) Child sexual abuse