Family Court Of Australia
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Family Court Of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Federal Circuit Court of Australia, it covered family law matters in all states and territories of Australia except for Western Australia, which has a separate Family Court. Its core function was to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters. In 2021, the Morrison Government introduced legislation merging the Family Court with the Federal Circuit Court of Australia to form the Federal Circuit and Family Court of Australia, effective from 1 September 2021. Since the merger, the Federal Circuit and Family Court of Australia is the only court which has jurisdiction to deal with purely family law rel ...
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Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million (19% of the population of Australia, as per 2021 census), mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians". The area of Melbourne has been home to Aboriginal ...
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Morrison Government
The Morrison government was the federal executive government of Australia, led by Prime Minister Scott Morrison of the Liberal Party of Australia, between 2018 and 2022. The Morrison government commenced on 24 August 2018, when it was sworn in by the Governor-General of Australia. It was composed of members of the Liberal– National Coalition and succeeds the Abbott (2013–2015) and Turnbull (2015–2018) coalition governments in office, competing against the Australian Labor Party as the major Opposition party. Nationals Leader Michael McCormack served as Deputy Prime Minister of Australia from the formation of the Morrison government until June 2021. He was replaced as Leader of the Nationals and Deputy Prime Minister by Barnaby Joyce. Scott Morrison served as Treasurer in the Turnbull government and became Prime Minister following the resignation of Malcolm Turnbull in 2018. The Coalition had been led to government at the 2013 Election by Tony Abbott, however Malcol ...
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Federal Magistrates' Court Of Australia
The Federal Circuit Court of Australia, formerly known as the Federal Magistrates Court of Australia or the Federal Magistrates Service, was an Australian court with jurisdiction over matters broadly relating to family law and child support, administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices. The Court was created to deal with the increasing workload of the Federal Court of Australia and the Family Court of Australia, by hearing less complex cases for them and freeing those Courts to deal only with more complex cases. The Federal Circuit Court dealt with approximately 95% of migration and bankruptcy applications filed in the federal courts. Approximately 90% of the Court's workload was in the area of family law. The Court also deals with nearly 80% of all family law matters filed in the federal courts. It is also intended to replace (in part) the federal jurisdiction with which state courts have been in ...
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Section 51(xxxvii) Of The Australian Constitution
Section 51(xxxvii) of the Constitution of Australia (also called the referral power) is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. Uncertainty Regarding the Scope of Section 51(xxxvii) Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: whether ...
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Section 51(xxxvii) Of The Australian Constitution
Section 51(xxxvii) of the Constitution of Australia (also called the referral power) is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. Uncertainty Regarding the Scope of Section 51(xxxvii) Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: whether ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a Legal guardian, guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligo ...
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Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arrang ...
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Marriage Act 1961 (Australia)
The ''Marriage Act 1961'' (Cth) is an Act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made pursuant to power granted to the federal parliament under s.51(xxi) of the Australian Constitution. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the adoption of the Act, while before 1961, each Australian state and territory had its own marriage laws. The Act recognises only marriages of two people and does not recognise any other forms of union, including traditional Aboriginal unions. An amendment to the Act to legalise same-sex marriage passed into law on 8 December 2017. The ''Family Law Act 1975'' treats de facto relationships and ...
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Attorney-General Of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitutional ...
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John Pascoe
John Henry Pascoe (born 10 December 1948) is a former Chief Justice of the Family Court of Australia and Deputy Chancellor of the University of New South Wales. Background and career Pascoe was raised in and , the only child of a grazier and a mother with interests in the mining industry. He studied Asian languages and philosophy at the Australian National University, graduating with a Bachelor of Arts in 1969 and Bachelor of Laws (Honours) in 1971. Prior to his appointment to the bench, Pascoe was the chairman and CEO of George Weston Foods, chairman of Centrelink, deputy chairman of Aristocrat Leisure Limited and managing director of the insurance and risk management division of Phillips Fox. He has also held positions on several other corporate boards, such as Qantas. Pascoe was a member of the board of directors (1998–2006) of the International Award Foundation (which operates the Duke of Edinburgh's International Award and national chair (1995–2004 of the Duke ...
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Diana Bryant
Diana Bryant (born 13 October 1947) is an Australian jurist who served as Chief Justice of the Family Court of Australia from 5 July 2004 to 12 October 2017. Early life and education Bryant was born in Perth, Western Australia and attended Firbank Girls' Grammar School in Melbourne. Bryant holds a Bachelor of Laws degree from Melbourne University, and a Master of Laws degree from Monash University. Career Bryant was admitted as a legal practitioner in Victoria in 1970. From 1977 to 1990, Chief Justice Bryant was a partner with the firm of Phillips Fox in Perth where she practised as a solicitor and counsel specialising in family law. She was also a Director of Australian Airlines from 1984 to 1989. (2004) 78(8) Law Institute Journal 18. From May 2000 she was the inaugural Chief Federal Magistrate of Australia, the head of the Federal Magistrates' Court, thus being the first woman appointed to the position. Prior to her appointment, Chief Justice Bryant had practised at ...
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Alastair Nicholson
Alastair Bothwick Nicholson, (born 19 August 1938) is a retired Australian jurist who served as the Chief Justice of the Family Court of Australia from 1988 until 2004. Early life and education Nicholson was born in 1938 in Melbourne returning with his mother Jean to Papua New Guinea, at that time an Australian territory, where his parents owned a rubber and coconut plantation. He was educated at Scotch College Melbourne where he was a boarder, and studied law at the University of Melbourne. His grandfather was Alexander Nicholson, Chief Commissioner of Victoria Police from 1922 to 1925. Career He was admitted as a legal practitioner in Victoria in 1961, and joined the Victorian Bar in 1963. He was appointed Queen's Counsel in 1979 and was a Justice of the Supreme Court of Victoria between 1982 and 1988. He has long been involved in the Australian Defence Force, being Judge Advocate General between 1987 and 1992. His military involvement commenced with his appointment as a ...
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