Family Law 7th Edition
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Date: 21/09/2022 Code: 9780455246093 Thomson Reuters, AUSTRALIA |
Family Law 7th Edition
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Description
Family Law, Seventh Edition is directed to those practising at the ‘coal face’ of this area of the law , with crisp statements of the law, and plentiful case references to allow the reader to further research the decisions. For those studying family law, this book will provide concise statements of the law essential to a nuanced understanding of the jurisdiction that must be navigated to achieve just outcomes for their future clients.
Family Law, Seventh Edition has been substantially updated and restructured, including more than 2300 new footnotes added since the previous edition.
This edition reflects important changes to the jurisdiction, including the creation of the Federal Circuit and Family Court of Australia, and a number of recent High Court decisions, such as Fairbairn & Radecki, Masson & Parsons and Thorne & Kennedy. Significant legislative changes as exemplified by the introduction of same sex marriage in 2017, the evolving case law related to gender dysphoria cases culminating in Re Kelvin, and the growing focus and awareness on the impact of family violence are also reflected in this edition.
Unique coverage:
- One of the leading authorities on family law in Australia;
- Updated to include the creation of the Federal Circuit and Family Court of Australia;
- Addresses in detail both the property and parenting legislative pathways;
- Includes a new chapter on costs in family law matters.
About the authors:
Grant Riethmuller is a Justice of the Federal Circuit and Family Court of Australia.
Robin Smith is a barrister at the Victorian Bar.
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Table of Contents
Table of contents
Part I Introduction
1 Historical Introduction
2 Sources of Family Law
3 Jurisdictional Foundations of Family Law
4 Courts with Family Law Jurisdiction
Part II Matrimonial and De Facto Relationships
5 Marriage
6 Divorce
7 De Facto Relationships
Part III Children
8 Children
9 Parentage
10 Parental Powers and Responsibility
11 Parental Proceedings - Legislative Pathway
12 Best Interests of the Child - The Paramount Consideration
13 Parenting Orders and Welfare Powers
14 Specific Parenting Issues
Part IV Child Support and Child Maintenance
15 Child Maintenance
16 Child Support
17 Registration and Collection of Child Support
Part V Maintenance
18 Historical Introduction to Maintenance
19 Maintenance of Spouses and De Facto Partners
20 Contributions towards Child Bearing Expenses
Part VI Property
21 Historical Introduction to Matrimonial and De Facto Property
22 Declarations as to Property Interests
23 Alteration of Property Interests: Section 79/90SM(1)
24 Identifying and Valuing the 'Property' of the Parties (Step 1)
25 Initial Consideration of Whether to Exercise Property Settlement Power
26 Assessment of Contributions (Step 2)
27 Future Needs and Other Factors (Step 3)
28 'Justice and Equity' (Step 4)
29 Particular Powers in Property Cases
30 Variation of Property Settlement Orders
Part VII Private Arrangements
31 Private Agreements for Parental Powers and Responsibilities (Parenting Plans)
32 Financial Agreements
33 Maintenance Agreements
34 Child Support Agreements
Part VIII Practice and Procedure
35 Injunctions
36 Time Limits for the Institution of Maintenace and Property Proceedings
37 Costs