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Family Law Act 1975 (Cth)
answer
Sets out legal duties and obligations that marriage creates. Under s48 the only ground for divorce is "irretrievable breakdown of the marriage". Replaced the 14 grounds for divorce (e.g. cruelty, adultery, desertion) in the previous Matrimonial Causes Act 1959 (Cth).
Part VII of FLA specifies that any dispute involving children must be decided "in the best interests of the child".
Part VII of FLA specifies that any dispute involving children must be decided "in the best interests of the child".
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Marriage Act 1961 (Cth)
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Established the legal requirements of a valid marriage. The act offered limited protection for parties, particularly women, in the event of a marriage breakdown, until no-fault divorce was introduced under the FLA 1975 (Cth)
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Marriage Amendment Act 2004 (Cth)
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Inserted the specific definition: "marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." (Subsection 5(1))
Also specified that:
"Certain unions are not marriages -
A union solemnised in a foreign country between:
(a) a man and another man; or
(b) a woman and another woman;
must not be recognised as a marriage in Australia." (Section 88EA)
Also specified that:
"Certain unions are not marriages -
A union solemnised in a foreign country between:
(a) a man and another man; or
(b) a woman and another woman;
must not be recognised as a marriage in Australia." (Section 88EA)
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Marriage Amendment (Definition and Religious Freedoms) Act 2017
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Legislation passed the Parliament following extensive debate, an expensive postal plebiscite and ultimately a private member's bill which was allowed to be voted on independently of "party lines". Replaced the words "a man and a woman" with "two people" in the legislation.
The definition of marriage is now defined as being between "two people" instead of between "a man and a woman". This law also made amendments to laws relating to religious marriage celebrants and their rights and obligations. Ministers of religion, religious marriage celebrants and bodies established for religious purposes may refuse to make facilities available or provide goods or services for a marriage ceremony.
The definition of marriage is now defined as being between "two people" instead of between "a man and a woman". This law also made amendments to laws relating to religious marriage celebrants and their rights and obligations. Ministers of religion, religious marriage celebrants and bodies established for religious purposes may refuse to make facilities available or provide goods or services for a marriage ceremony.
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Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 (Cth)term-28
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Federal law reform that has removed areas of discrimination from laws and programs by extending definitions such as "de-facto partner", "child", "parent", "couple" and "family" to include same-sex relationships. Amended 84 federal laws in total to give inclusion and equality to same-sex couples and their children. Areas include taxation, superannuation, Medicare, PBS, immigration, veterans affairs, social security.
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Family Law Act 1975 (Cth) s 60i
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Requires couples to attend mediation or family dispute resolution (FDR) is seeking to commence proceedings before the FCFCA. Separating couples must show that they have made a genuine effort to resolve their dispute. The certificate isn't required if they have already solved the dispute before applying for the family court. Victims of family violence can apply for an exemption or there are protections in place to ensure that the person who has experienced family violence is protected during the mediation process.
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Federal Circuit and Family Court of Australia Act 2021 (Cth)
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Amended the FLA 1975 (Cth) and merged the Federal Circuit Court with the Family Court of Australia -
FCFCOA - "new approach" - empowers separating couples to take ownership of their disputes. The aim is to see the dispute resolved as quickly as possible. Thus the focus is on responsiveness without the need for a lengthy, stressful and costly trial in court. States that the FCFCOA has jurisdiction over family law matters and is split into two divisions:
Division 1 is the former Family Court of Australia and is a superior court of record for dealing with family law matters.
Division 2 is the former Federal Circuit Court of Australia and deals with the bulk of family law matters prior to the establishment of the Court.
FCFCOA - "new approach" - empowers separating couples to take ownership of their disputes. The aim is to see the dispute resolved as quickly as possible. Thus the focus is on responsiveness without the need for a lengthy, stressful and costly trial in court. States that the FCFCOA has jurisdiction over family law matters and is split into two divisions:
Division 1 is the former Family Court of Australia and is a superior court of record for dealing with family law matters.
Division 2 is the former Federal Circuit Court of Australia and deals with the bulk of family law matters prior to the establishment of the Court.
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Property (Relationships) Amendment Act 1999 NSW
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Recognises same-sex couples as being de facto couples and gives same-sex couples rights in regards to property division upon relationship breakdown. This legislation amended the De Facto Relationships Act 1984 NSW and renamed it the Property (Relationships) Act 1984 NSW.
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Anti-Discrimination Act 1977 (NSW)
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A state law that makes it illegal to discriminate against a person on the grounds of homosexuality.
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Property (Relationships) Act 1984 (NSW)
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Recognises same-sex relationships as having the same legal standing as heterosexual de-facto relationships, and provides the same protection.
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Children and Young Persons (Care and Protection) Act 1998 (NSW)
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Governs the responsibilities of NSW Dept. of Community Services and other agencies regarding the care and protection of children and young persons who are at risk of harm or are being abused. Covers abuse and neglect.
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Children (Protection and Parental Responsibility) Act 1997 (NSW)
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Governs the responsibility of parents for the behaviour of their children, gives greater police powers in respect to children, e.g. removal of children from public places and their return to their parents' residence.
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Children and Young Persons (Care and Protection) Amendment Act 2018 (NSW)
answer
These child protection reforms strengthen services to keep children safely at home with their families and restore children to their families when it is safe to do so. When this is not possible, a safe and loving home will be secured for children through guardianship or open adoption. These amendments aim to support further reductions in the number of children and young people in out-of-home care, and improve the timeliness and quality of services for these children and their families. The reform makes provisions for the permanent re-homing of a child within two years of a child entering state care, as well as the adoption of children without parental consent. The Act amends the Children and Young Persons (Care and Protection) Act 1998 (NSW) and the Adoption Act 2000 (NSW).
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Status of Children Act 1996 (NSW)
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Children of any relationship, ATSI or not, and nuptial or ex-nuptial, are all protected equally under this legislation. Also provides the same legal status to all children born via artificial insemination or IVF as that accorded to children conceived naturally. Allows parentage to be established via DNA testing. Automatic and irrefutable presumption of paternity if a couple are married or in a de facto relationship (ref. B v J (1996) 21 Fam LR 212).
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Child Protection (Offenders Registration) Act 2000 (NSW)
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Governs the requirements for people convicted of certain offences against children, including the requirement to register with police upon their release into the community and to provide specified information about themselves to police.
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Child Protection (Working with Children) Act 2012 (NSW)
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A fundamental reform that aims to protect children by not permitting certain people to engage in child related work and enacting this law to make it a compulsory requirement for people engaged in child-related work to have working with children check clearances. This new law places child protection foremost in respect of people who work with children. The WWCC is a national background police check to assess whether a person has any prior or pending child protection matters. If so, they may not be employed in particular occupations
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Adoption Act 2000 (NSW)
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Governs the adoption of children and access to information relating to adoption. If the birth parents are married or in a de-facto relationship both must give consent to give up the child. A single mother need only make the decision, but the father must have been notified prior and given 14 days to respond. Children over 12 must consent to their own adoption. Birth mothers cannot consent to adoption within 3 days of the birth. 30 day cooling-off period.
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Adoption Amendment Act 2010 (NSW)
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Allows same-sex couples to legally adopt. Prior to this amendment a gay or lesbian couple could only adopt as a single person and no as part of a same-sex couple.
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Health Insurance Act 1973 (Cth)
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Allows a same-sex couple and their child to register as a family for Medicare and receive the same entitlements as a heterosexual couple and their children.
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Surrogacy Act 2010 (NSW)
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It is now possible to transfer the parentage of the child from the birth parent to the prospective parent in the surrogacy agreement. This will avoid the commissioning parents having to go through a formal adoption process.
Commercial surrogacy remains illegal, even if carried out overseas. Altruistic surrogacy is allowed if an agreement is in place.
Commercial surrogacy remains illegal, even if carried out overseas. Altruistic surrogacy is allowed if an agreement is in place.
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Assisted Reproductive Technology Act 2007 (NSW)
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Establishes a donor register and allows the offspring various rights in regards to information about the donor.
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Child Support (Assessment) Act 1989 (Cth)
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Introduced a formula for the calculation of child support to be paid, using an administrative rather than a judicial procedure.
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Young Offenders Act 1997 (NSW)
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Establishes the procedures for dealing with child offenders, including cautions, warnings and youth justice conferences. Court proceedings are seen as a last resort.
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Children (Criminal Proceedings) Act 1987 (NSW)
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Deals with the conduct of criminal proceedings against children and young people. States that children under 10 years of age cannot be guilty of a criminal offence.
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Children's Court Act 1987 (NSW)
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Establishment of the Children's Court of NSW and its jurisdiction and functions.
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Crimes Act 1900 (NSW)
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Deals with the use of physical force by parents to correct a child's behaviour. s61AA deals with "lawful correction" and may lead to assault charges against parents if their use of physical force is considered not reasonable.
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Minors (Property and Contract) Act 1970 (NSW)
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Governs the requirements regarding consent and authorisation of medical and dental treatment for children and young people. If parents refuse medical or dental treatment courts can authorise it.
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Guardianship Act 1987 (NSW)
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If a young person is over the age of 16 and intellectually disabled to the point where he or she cannot understand a medical problem or its treatment this Act specifies who can give consent. Usually this will be the "person responsible" such as a parent.
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Crimes (Domestic Violence) Amendment Act 1982 (NSW)
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Introduced apprehended domestic violence orders in NSW. AVOs could be made for the protection of a person living in a marriage or living together as 'husband and wife' on a domestic basis. In 1983, the protection was extended to cover those who had previously been married or living in a de facto relationship. In 1989 this act was amended to extend the cover of persons eligible for protection under an ADVO to include a broad range of domestic relationships.
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Crimes (Domestic and Personal Violence) Act 2007
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Governs personal violence committed against someone with whom the offender has, or has had, a domestic relationship (e.g. marriage, de-facto relationship, parent-child). Violence may be physical, verbal, emotional, financial, psychological, sexual abuse, social isolation or actual or threatened violence or harassment. This Act removed the law about ADVO's from the Crimes Act 1900 (NSW) into a stand-alone act.
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Crimes (Domestic and Personal Violence) Amendment Act 2013
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Amended the Crimes (Domestic and Personal Violence) Act 2007 to enable senior police officers at or above the rank of Sergeant to issue provisional 'on the spot' ADVOs, also expanded police powers to give directions or detain a person for the purpose of serving a provisional ADVO. Previously police had to apply for an AVO through an 'authorised justice'.
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Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2013
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Amended the Crimes (Domestic and Personal Violence) Act 2007 to provide for information sharing between certain public sector agencies and non-government organisations for the purposes of facilitating access by alleged victims of domestic violence to support services appropriate to their needs.
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Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 (NSW) DVEC
answer
Allows police officers to take a victim's statement by video or audio recording. This recording, with consent, is able to be the victim's evidence, removing the need for a written statement. This prevents intimidation applied by the defendant and is expected that the number of early guilty pleas of perpetrators will increase substantially, however, this has not occurred.
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Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 (NSW)
answer
Holds domestic violence perpetrators accountable nationwide. Domestic violence offenders cannot escape the law by moving interstate. ADVOs will be automatically recognised and enforced across states and territories.
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Crimes (Domestic and Personal Violence) Amendment Act 2018 (NSW)
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Updated the definition of intimation and stalking to make it clear that cyberbullying is a form of intimidation, and to provide that stalking may include conduct that involves contacting or otherwise approaching another person using the internet or any other technologically assisted means. Also, extended the duration of ADVOs to 2 years and can remain indefinite in certain circumstances. Added harsher penalties for choking, strangling, or suffocating victims. Under previous legislation such offences carried only a maximum two-year sentence - now up to 5 years.
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Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 (Cth)
answer
Reformed the FLA 1975 (Cth) to ensure that appropriate protections for victims of family violence are in place for cross-examination in all family law proceedings involving allegations of family violence. Direct cross-examination is prohibited in certain circumstances and must be conducted by a legal representative. Legal representation may be arranged privately or through legal aid.
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Crimes Legislation Amendment (Coercive Control) Bill 2022
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A draft bill to criminalise coercive control in intimate partner relationships, and see people convicted jailed for up to seven years. This bill seeks to criminalise coercive control as a form of domestic abuse that involved patterns of behaviour that have the effect of denying victims their autonomy and independence. This can involve physical, social, psychological, or financial abuse. The bill introduces a new definition of domestic abuse that includes coercive and controlling behaviour. The bill provides further protections for victim-survivors of domestic and family violence. The reforms are crucial to ensuring that the law recognises patterns of behaviour that are precursors to domestic violence deaths.
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Fair Work Amendment (Paid Family and Domestic Violence Leave) Cth 2022
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Legislation that gives 11 million workers — including casuals — access to 10 days paid domestic violence leave.
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Bail Act 1978 (NSW)
answer
Domestic violence offenders or those in breach of an ADVO may have their bail application denied under this Act. Section 9A excludes domestic violence offenders from an automatic presumption in favour of bail.
*If a breach of an ADVO involved violence there is a presumption that the defendant will go to jail if found guilty.
*If a breach of an ADVO involved violence there is a presumption that the defendant will go to jail if found guilty.
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Bail Act 2013 (NSW)
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By virtue of having a history of violence an offender may be considered an "unacceptable risk" to the community or family members and therefore may be refused bail.
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Succession Act 2006 (NSW)
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Legislation that deals with wills.
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Family Law Amendment Act 2000 (Cth)
answer
Recognises cohabitation and pre-nuptial agreements as legally enforceable, includes same-sex couples.
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Family Law Legislation Amendment (Superannuation) Act 2001 (Cth)
answer
Allows couples to divide superannuation on marital break-up. Couples can opt to divide the superannuation as part of the financial settlement or a caveat can be places, where upon retirement, the superannuation is split in the ratio nominated by the court or the parties.
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Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth)
answer
Property and maintenance matters for separating same-sex couples are determined by the Family Court or Federal Magistrates' Court. Extends the definition of de facto to include two people who are not married or related by blood who live together on a genuine basis. Does not distinguish between two people of the same or opposite sex, therefore provides equality for same-sex couples.
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Family Law Reform Act 1995 (Cth)
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Placed strong emphasis on the concept of parents sharing equal responsibility for the whole range of responsibilities and decisions involving their children. Enables children to have a specialised representative in Court. Focus shifts to the 'best interest of the child' and shifted from parents' rights to parents' responsibilities. Changed the wording of the Family Law Act 1975 (Cth), 'residence' was replaced with 'custody' and 'contact' was replaced with 'access'. These changes were more inline with international trends.
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Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)
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Gave further emphasis to the child's right to meaningful family relationships and care, rather than either parent's "right" to have the child live with him or her. Established 65 Family Relationship Centres nationally. Focuses on conciliation and mediation.
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Miscellaneous Acts Amendment (Same-Sex Relationships) Act 2002 (NSW)
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Amended 20 state laws so as to include same-sex relationships into the definition of de facto.
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Miscellaneous Acts Amendment (Same-Sex Relationships) Act 2008 (NSW)
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Granted equal parenting rights to the female partner of mothers who conceived through donor insemination or assisted reproduction, so that both women are listed as mothers on the child's birth certificate.
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Succession Amendment (Family Provision) Act 2008 (NSW)
answer
Allows certain family members to apply for a family provision order. This may apply to spouse, de-facto spouse, child, grandchild, former spouse or another person in a close personal relationship with, or dependent upon, the deceased. Applies equally to same-sex relationships. The legal preference is for disputing parties to attempt mediation rather than contesting the will.
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Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 (Cth)
answer
Addressed some of the unintended outcomes of the 2006 "Shared Parental Responsibility" legislation. Prioritised the safety of children in parenting matters. The definitions of "abuse" and "family violence" were changed to include various forms of harmful behaviour that may not have been previously defined as "abusive" or "violent". This strengthens the emphasis on child protection and parental responsibilities in regards to keeping children safe.
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Succession Amendment (Intestacy) Act 2009 (NSW)
answer
Changes to the law governing the estates of those who die without a will (intestate). Applies equally to same-sex relationships.
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DiMento v Visalli (1973) 1 ALR 352
answer
The Family Court held that the marriage was void because it was obtained under duress.
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B v J (1996) 21 Fam LR 186
answer
The father of a child born via a sperm donor refused to pay maintenance for the child, saying that the sperm donor should be responsible as his name appeared on the birth certificate. The court rejected this - under the "presumption of paternity" he automatically became the child's father because he was in a relationship with the child's mother. He therefore had all of the responsibilities and obligations in respect of the maintenance and care of the child. The sperm donor is automatically presumed to have no paternity.
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Property (Relationships) Act 1984 NSW
answer
Recognises same-sex relationships as having the same legal standing as heterosexual de facto relationships.
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Hope and Brown v NIB Health Fund Limited 1994
answer
Hope and Brown successfully argued that NIB Health Fund Ltd had discriminated against them on the basis of their sexual orientation. The fund refused to grant them and their son Jamal (2 yrs age) a family policy. The Equal Opportunity Tribunal found this discriminatory.
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Hyde v Hyde and Woodmansee 1866
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The case was heard 20 March 1866 and established the common law definition of marriage. Lord Penzance pronounced, "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".
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Re Evelyn 1998
answer
A child "Evelyn" was born on behalf of another couple. 7 months after Evelyn's birth and handing the child over to the parents the surrogate mother took the child back from their care. The parents contested the matter in the Full Bench of the Family Court - the court ruled that the surrogate mother and her husband were to keep the child - the Court stated that Evelyn's long-term best interests would be served if she remained with her biological mother.
question
C and M (2006) Fam CA 212
answer
The parties (both aged 29) married in October 2002 after a lengthy engagement. However, after two months they separated. During their engagement the couple had bought land on which they intended to build their home. The land was purchased in the husband's name and he was responsible for paying the mortgage. The couple had been using the wife's credit cards and personal savings for day-to-day expenses and she was now deeply in debt. When the couple separated, the husband transferred the property to himself and his parents, thus preventing his wife from attempting to claim the property. During the period 2002-06 the husband continued to pay the mortgage and his parents provided him with substantial financial support in order to build a home on the land.
The court in the first instance found that both parties had contributed equally to one another's debt. The husband was ordered to pay half his wife's debt, but was awarded 92.5 per cent of the assets. No adjustment under section 75(2) of the Family Law Act 1975 (Cth) had been made for the husband's higher income or greater earning capacity. On appeal, it was held that the method of calculation of the parties' assets and liabilities effectively left the wife with only 3.8 per cent of the net assets. The court ordered that the wife's share of the 'asset' (the land and house) should reflect her financial contributions to the mortgage repayments (assessed at 20 per cent of the total assets).
However, taking into account the short period of time that the marriage - and hence also the financial contributions - had lasted, the ages of the parties, and the lack of any restrictions on the wife's earning capacity, the court held that there would be no adjustment for disparity of earning capacity.
The court in the first instance found that both parties had contributed equally to one another's debt. The husband was ordered to pay half his wife's debt, but was awarded 92.5 per cent of the assets. No adjustment under section 75(2) of the Family Law Act 1975 (Cth) had been made for the husband's higher income or greater earning capacity. On appeal, it was held that the method of calculation of the parties' assets and liabilities effectively left the wife with only 3.8 per cent of the net assets. The court ordered that the wife's share of the 'asset' (the land and house) should reflect her financial contributions to the mortgage repayments (assessed at 20 per cent of the total assets).
However, taking into account the short period of time that the marriage - and hence also the financial contributions - had lasted, the ages of the parties, and the lack of any restrictions on the wife's earning capacity, the court held that there would be no adjustment for disparity of earning capacity.
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Re Michael: Surrogacy Arrangements (2009) Fam CA 691
answer
The two biological parents (Sharon and Paul) applied to adopt their child (Michael) from the surrogate mother (Lauren). All of the parties involved were in agreement - there was no dispute. The case was heard under the Family Law Act because NSW lacked clear state legislation relating to surrogacy at the time. The issue in question was who the parents of a child were if the child was born as a result of a surrogacy agreement. The case was brought before the Family Court as an adoption application for the surrogate child. However, the court found that the adopting parents were barred by the presumption that, in the absence of other state orders, the child was deemed to be that of the natural mother. However, the couple were still able to apply to the NSW Supreme Court for an adoption order under the Adoption Act 2000 (NSW), which was not bound by the same presumption.
question
Criminal Procedure Amendment (Domestic Violence Complainants) Act
2014 (NSW)
2014 (NSW)
answer
This Act is often referred to as 'Domestic Violence Evidence in Chief'(DVEC).
DVEC will allow police officers that attend a domestic violence dispute to take a domestic violence victim's statement by video or audio recording, and use this recording as all or part of the victim's 'evidence in chief', or main evidence. This means that victims will not have to give written statements unless they choose to.
Evidence collected under the DVEC scheme will only be used for defended hearings relating to
criminal charge matters, and Apprehended Domestic Violence Order (ADVO) applications connected to these charge matters.
DVEC will allow police officers that attend a domestic violence dispute to take a domestic violence victim's statement by video or audio recording, and use this recording as all or part of the victim's 'evidence in chief', or main evidence. This means that victims will not have to give written statements unless they choose to.
Evidence collected under the DVEC scheme will only be used for defended hearings relating to
criminal charge matters, and Apprehended Domestic Violence Order (ADVO) applications connected to these charge matters.
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International Covenant on Civil and Political Rights (ICCPR) 1976
answer
This international instrument states:
Article and 26 - everyone has the right to equal treatment before the law and is entitled without discrimination to protection from the law, regardless of their sexual orientation, and the right to privacy (Article 17).
"The family is the natural and fundamental group unit of society and is entitled to protection by society and the State". (Article 23)
Article and 26 - everyone has the right to equal treatment before the law and is entitled without discrimination to protection from the law, regardless of their sexual orientation, and the right to privacy (Article 17).
"The family is the natural and fundamental group unit of society and is entitled to protection by society and the State". (Article 23)
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Convention on the Rights of the Child (CROC) 1989
answer
Recognises the need for universal protection of children's rights. The convention has influenced family law within Australia.
Article 7 - a child has the right to know their parents and where possible, to be cared for by them.
Article 9 - a child has a right to 'direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
Article 19 of CROC - no child should be subjected to violence, and it is the responsibility of the state to protect them from all forms of physical or mental violence, neglect or negligent treatment, maltreatment or exploitation.
Article 7 - a child has the right to know their parents and where possible, to be cared for by them.
Article 9 - a child has a right to 'direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
Article 19 of CROC - no child should be subjected to violence, and it is the responsibility of the state to protect them from all forms of physical or mental violence, neglect or negligent treatment, maltreatment or exploitation.
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UN Convention on the Elimination of Violence Against Women 1993
answer
The first international instrument explicitly addressing violence against women, providing a framework for national and international action.
question
Bairstow v Bairstow 2016 FCA
answer
Both the husband and wife had incomes in excess of $200 000. The husband was paying child support at a high level. One of the issues before the court was who the children would live with. The court found that the children should spend equal time. The wife also wanted the children to attend a private school. The husband was happy with the children attending government schools but if the wife wanted the children to go to a private school they could, and she could pay for it. The husband stated that he was although philosophically he was opposed to private schools, if the wife wanted the children to go to private school and paid, he would have no objection. The court was happy with the husband's position and made no order that the husband contributes to the costs of private education.
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Stewart v Stewart 2017 FCA
answer
A case that revolved around school choice. Mum wanted to the children to attend an expensive private school, but Dad argued that they couldn't afford the fees. The mother despite not earning a large income proposed that the father pay 60% of the fees over and above his assessed child support, and she was willing to sell assets to pay for the 40%. The court looked at the financial capacity, particularly of the mother, as to whether this case had any merit and found that the mother had not established that the cost of private school fees would be affordable. The court said that it was her choice as to whether the children would attend the particular private school, as the husband wasn't opposed, but the court would not impose an obligation on the husband to pay child support over and above what he was paying, and in particular, contribute to school fees when he had no capacity to do so.
question
Ambrose v Bede 2017 FCCA
answer
This case was an application by the father to effectively change the child's surname. The father did not agree to hyphenation - the father's application was refused as not an order in the child's best interest. During the case, the wife conceded that she would agree to a hyphenated surname, but the husband would only agree to the use of his surname. The court found that it would be too distressing and disruptive to the child to change from Bede to Ambrose and made a decision in favour of the wife. The father didn't have much contact with the child in the first few years and it made great sense for the child to have his mother's name.
question
Toonen v Australia 1994 UN Human Rights Committee
answer
The plaintiff, in this case, complained to the UN Human Rights Committee that sections of Tasmania's Criminal Code criminalised his sexual orientation. It was argued that the Tasmanian legislation breached Articles 2, 17, and 26 of the ICCPR; namely the right to privacy and the right to equal treatment before the law. The Human Rights Committee ruled that the Tasmanian law constituted a violation of individuals' privacy under Article 17 and that Tasmania should amend its criminal code. The federal government responded by enacting the Human Rights (Sexual Conduct) Act 1994 (Cth) to override the offending Tasmanian sections.
question
Croome v Tasmania 1997 HCA
answer
Following Toonen v Australia 1994 the federal government enacted the Human Rights (Sexual Conduct) Act 1994 (Cth) to override Tasmania's laws that criminalised homosexuality. In this case, the High Court held that Tasmania's laws were inconsistent with the Commonwealth legislation, which forced an amendment.
question
Massons and Parson 2019 HCA
answer
A man who donated his sperm to a lesbian friend with the belief he could play a role in the child's life won a High Court fight to be named the girl's legal father, blocking her mother from moving overseas. This case set a precedent that a sperm donor can be a legal father.
question
Landon & Yin 2016 FamCA
answer
The judge determined that the marriage was void and a decree of nullity was granted as Ms Lin was legally married in another country.
question
Sha & Cham 2017 FamCAFA
answer
The judge found that the pair had met several of the conditions that define a de facto relationship under section 4AA of the FLA 1975 (Cth). These included that the pair had a sexual relationship, financial dependence, a degree of commitment to a shared life, care of children and, while their relationship was not registered, there was a financial agreement. Therefore, the financial agreement was upheld.
question
R v Thomas Sam; R v Manju Sam 2009 NSWSC
answer
This case demonstrates the statutory parental responsibilities of parents under the FLA 1975 (Cth) - in particular, the obligation to ensure that children receive adequate medical treatment. In this case, both defendants were found guilty of manslaughter by the criminal negligence of their daughter. Both received jail sentences with non-parole periods of six and four years respectively.
question
Adoption of AMB and JJE 2018 NSWSC
answer
The judge ruled in favour of the proposed adoptive parents and also stated that the name change would create uniformity and help stablise the family. Under the Adoption Act 2000 (NSW) the court can make an order to dispense with consent if they find the adoption is in the best interests of the child.
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Easterlefa & Giannopoulos 2013 FamCA
answer
The judge ruled that the divorce was not valid and the couple were still legally married as they were not separated for at least 12 months and showed the capacity to reconcile.
question
Kendrick & Kendrick 2016 FamCA
answer
The court ruled that the mother was to have sole parental responsibility for the child and that the child would live with the mother. The father was granted access to C on alternate Sundays and holidays, subject to an injunction that prohibited the child from coming into contact with E - the father's step son who was behaving in a manner that was a risk to the child's safety.
question
Connor & Cosgrove 2018 FamCA
answer
The judge notes that Ms Cosgrove made significant non-financial contributions during the marriage which enabled Mr Connor to work. Ms Cosgrove stopped working to assume the major responsibility
for the home and care of the children while Mr Connor continued to work and grow his career. After
the divorce, Ms Cosgrove maintained the sole parental responsibility of the children with provisions
for the children to spend time with their father on alternate weekends and school holidays. The court
found that Mr Connor had limited contact with the children after the couple separated in 2013.
Ms Cosgrove received 80% of the asset and superannuation pool but had to pay the $50,000 debt.
for the home and care of the children while Mr Connor continued to work and grow his career. After
the divorce, Ms Cosgrove maintained the sole parental responsibility of the children with provisions
for the children to spend time with their father on alternate weekends and school holidays. The court
found that Mr Connor had limited contact with the children after the couple separated in 2013.
Ms Cosgrove received 80% of the asset and superannuation pool but had to pay the $50,000 debt.
question
Morse & Duarte 2017 FamCA
answer
The court found that the mother's partner posed an unacceptable risk of violence to the children
and that she would not be able to protect her children from this risk. The existing parenting order
was discharged and the father was given sole parental responsibility of the children. The mother was
allowed supervised visits and contact with Mr Tolman was strictly prohibited.
and that she would not be able to protect her children from this risk. The existing parenting order
was discharged and the father was given sole parental responsibility of the children. The mother was
allowed supervised visits and contact with Mr Tolman was strictly prohibited.
question
Seaton & Fogarty 2018 FamCA
answer
The court found that the mother's interrogation and interference with the child's relationship with her father, posed an unacceptable right of psychological harm to the child. The judge ruled that it was in the child's best interests for the father to have sole responsibility, after the mother had settled into her now home, supervised visits could be arranged.
question
Farnell & Anor and Chanbua 2016 FCWA
answer
After years of trying to conceive a baby and 10 cycles of IVF Mr & Mrs Farnell sought commercial surrogacy in Thailand, a process which is illegal in Australia. The Baby Gammy case stirred controversy as the surrogate gave birth to twins Pipah and Gammy and Pipah returned to Australia but Gammy stated with the surrogate mother - who claimed the couple had rejected him because he had Down Syndrome. The surrogate applied for a court order to have Pipah returned to Thailand. To complicate matters, Mr Farnell was a convicted sex offender. When deciding who should have parental responsibility the judge said that staying with the Farnell's was the least unsatisfactory option for Pipah. This would allow her to stay in a family that provided good care and who she had formed bonds with. The judge accepted expert evidence that Mr Farnell posed a low risk of reoffending and imposed measures that would ensure Pipah's safety.
question
Lone Fathers Association of Australia
answer
This NGO was established in 1975 as an advocacy group for separated parents. The organisation was born from the disproportionate favour given to women in custody cases which often left fathers with no or limited access to their children. The aim is to help parents who want to share the responsibilities of care and supporting their children. The NGO provides counselling services, free legal advice and Child Support related services. They also play a pivotal role as an advisory body to the Australian Government in relation to family law matters including child support, parental responsibility, superannuation and property-related matters. They are a significant contributor to government policy and play an instrumental role in the 2006 amendments to the Family Law Act 1975 (Cth); whereby the notion of shared and equal parental responsibility was implemented, allowing both parents joint parenting opportunities. This was seen as a huge step toward achieving just outcomes for all family members as both parents were legally responsible for making decisions that are in the best interests of their child(ren).
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