Family Law Principles Fourth Edition - eBook

Family Law is a unique jurisdiction. Review and change of substantive law and practice is a constant feature. Family Law Principles evolves in that context. It differs from other family law texts written in Australia because it covers crucial areas in practice, such as family reports and the use of social science research. It takes a practical approach to practice and procedure, systematically dealing with the types of applications before courts, providing analytical guidelines, and summaries of key components.

 

This fourth edition is a comprehensive update. It builds on the structural approach of previous editions, combining key areas for clarity and accessibility. This edition thoroughly examines recent developments in the law, including appellate consideration of definitions of family violence.  This edition, like its predecessors, contains a separate, dedicated chapter on the critical issue of family violence and child abuse.

 

The discussion on parenthood, parentage, and responsibility occurs in the context of the 2024 repeal of the so-described ‘shared parenting’ amendments, their replacement with a simplified best interests test for determining parenting applications, and the emergence of the promotion of safety as a relevant consideration.

 

This edition’s financial sections are rewritten in the context of the amendments that took effect in June 2025. The legislative changes to the core elements of dividing property between spouses are the most significant since 1983. This edition includes an analysis of the family violence amendments in financial cases (whether concerning contributions or otherwise).  Explanation and analysis covers the legislative codification of the discretionary process. Discussion examines the new statutory duty of disclosure, including the obligations on parties and the consequences that may follow for failure to comply.

 

Family Law Principles combines a rare range of experience. The authors (a State Magistrate and Federal Circuit and Family Court of Australia Judicial Registrar) apply their individual experience as part of the previous authorship team and builds upon their experience in this and previous editions of authors in family law, family dispute resolution practice, family law process, and teaching, together with policy, law reform, social science, and theory research.

 

Topics covered include: 

• Marriage, Nullity and Divorce;

• Violence in the Family;

• Parenthood, Parentage and Parental Responsibility;

• Relocation of Children;

• Family Violence and Child Abuse in Parenting Cases; 

• Alteration of Property Interests (core considerations);

• Advanced property issues (including financial agreements, injunctions, and superannuation); 

• Financial Support for Children; 

• Maintenance; 

• De facto relationships (financial disputes);

• International Family Law Issues;

• Family Law ethics, values and litigation obligations.

 

Family Law Principles 4e

 

Table of Contents

 

1. The Historical Origins of Australian Family Law

 

2. Family Courts and Jurisdiction

 

3. Marriage, Nullity and Divorce

 

4. The Family Law Dispute Resolution System

 

5. Legislative Obligations in Family Dispute Resolution

 

6. Parenthood, Parentage and Parental Responsibility

 

7. Parenting Cases: General Principles

 

8. Parenting Cases: Specific Issues

 

9. Family Violence in Parenting Cases

 

10.  Expert Evidence in Family Law

 

11. Introduction to the Family Law Financial System

 

12. Alteration of Property Interests: Core Elements

 

13. Advanced Property Topics

 

14. Financial Aspects of De facto and Other Formalised Relationships

 

15. Maintenance

 

16. Financial Support for Children

 

17. Family Lawyers: Ethics and Values

 

18. International Family Law Issues

 

19. Hague Convention on International Child Abduction